How can CBI probe be ordered into resignation of four MLAs without evidence, asks Madras High Court

Published 16 June 2026 · india

The Madras High Court, on Tuesday (June 16, 2026), questioned how could it order a Central Bureau of Investigation (CBI) probe into alleged corrupt practices

The Madras High Court, on Tuesday (June 16, 2026), questioned how could it order a Central Bureau of Investigation (CBI) probe into alleged corrupt practices behind the resignation of four AIADMK MLAs, who joined the TVK within minutes thereafter, without there being any prima facie material to suspect foul play. First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan told the counsel for the writ petitioner B. Ramkumar Adityan, an advocate based in Tiruchendur, that a CBI probe could not be ordered at the drop of a hat unless the petitioner produces basic materials to do so. Responding to it, the counsel said, his client was unable to collect material evidence to prove corruption and that’s exactly why he was seeking a CBI probe into the issue.

Not in agreement with his submissions, the judges decided to pass detailed orders on the writ petition in the course of the day. In his affidavit, Mr. Adityan said, Maragatham Kumaravel, S. Jayakumar, P. Sathyabama and E. Subaya alias Esakki Subaya who had represented Madurantakam, Perundurai, Dharapuram and Ambasamudram constituencies respectively had resigned their MLA posts on May 25 and 26 and joined the TVK. It was brought to the notice of the court the four former MLAs were part of a larger group of 25 AIADMK MLAs who had defied their party whip and voted in favour of the TVK government during a vote of confidence moved by Chief Minister C.

Joseph Vijay on the floor of the Assembly on May 13. Even as a plea to initiate disqualification proceedings against them was pending before the Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar, the first three MLAs had resigned on May 25 and joined the TVK within minutes after submission of their resignations and the fourth MLA Mr. Subaya had followed suit on May 26. “When viewed in the context of the events that unfolded... it becomes abundantly clear that the 11th Respondent Party/TVK is engaging in horse-trading in an attempt to increase its tally of legislative members... This constitutes a murder of democracy,” the petitioner’s affidavit read. Lamenting that public money would have to be spent unnecessarily for the conduct of bye-elections for the four constituencies just because the elected representatives had resigned within a fortnight after their election, the petitioner insisted upon ordering a CBI probe to unravel the truth behind the entire episode.