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A nationalist involvement litigation petition has been filed successful the Madras High Court challenging Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar’s determination to judge the resignation of 3 MLAs pending a petition to initiate disqualification proceedings against them.
Desiya Makkal Sakthi Katchi has filed the PIL petition urging the tribunal to quash a gazette notification issued connected May 25, 2026 accepting the resignations of Maragatham Kumaravel, S. Jayakumar and P. Sathyabama who had represented Madurantakam, Perundurai and Dharapuram constituencies respectively.
Filing an affidavit connected behalf of the petitioner party, its president M.L. Ravi told the tribunal that All India Anna Dravida Munnetra Kazhagam (AIADMK) wide caput Edappadi K. Palaniswami had requested the Speaker to initiate disqualification proceedings against 25 of his enactment MLAs for reportedly violating the enactment whip and voting successful favour of the Tamilaga Vettri Kazhagam (TVK) authorities during the assurance question moved successful the House connected May 13, 2026.
Even arsenic the petition was pending information of the Speaker, 3 retired of the 25 MLAs submitted their resignation connected May 25, 2026 and joined the TVK connected the aforesaid day. The Speaker accepted their resignations instantly and notified the acceptance successful the gazettee excessively forthwith.
Contending that the MLAs should not beryllium allowed to flight from disqualification proceedings by submitting their resignations, Mr. Ravi said, acceptance of specified resignations would marque the anti-defection mechanics ineffective. He besides relied upon a fewer Supreme Court decisions to buttress his contention.
“The acceptance of resignations during the pendency of disqualification proceedings has the effect of frustrating the law intent underlying the Tenth Schedule to the Constitution and permits elected representatives to circumvent law scrutiny. Such an attack undermines antiauthoritarian accountability and dilutes the mandate entrusted by the electorate,” his affidavit read.
The petitioner enactment besides complained astir the unnecessary monetary load thrust upon the nationalist exchequer for conducting byelections to the constituencies whenever the elected MLAs resign wrong a fewer days of their predetermination conscionable to flight from the disqualification proceedings.
“Repeated elections caused by defections and resignations enforce a important load connected the nationalist exchequer and undermine electoral stability,” it said.
