Resignation or Defection? Madras HC to Hear Challenge Against Speaker's Decision

The Madras High Court on Wednesday issued notices to Tamil Nadu Legislative Assembly Speaker JCD Prabhakar , the Assembly Secretary, Election Commission authorities, and four former AIADMK MLAs on petitions challenging the acceptance of their resignations.

A division bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan posted the matter for further hearing on June 29 .

The petitions, filed by AIADMK whip Agri S.S. Krishnamurthy and a public interest litigant, seek to set aside the Speaker's decision to accept the resignations of S. Jayakumar, Maragatham Kumaravel, P. Sathyabama and Esakki Subaya .

According to the petitioners, 25 AIADMK MLAs allegedly defied the party whip and voted in favour of the ruling Tamilaga Vetri Kazhagam (TVK) during a confidence motion on May 13. While 21 legislators later apologised and were pardoned by the party, the remaining four resigned.

The AIADMK argued that the resignations were accepted while anti-defection proceedings were pending. Citing Article 190(3)(b) of the Constitution , the petitioners contended that the Speaker was required to verify whether the resignations were voluntary and genuine before accepting them.

They further alleged that the four MLAs joined the ruling TVK soon after resigning, raising questions about possible inducements and an attempt to avoid disqualification. The petitioners also claimed there was "horse-trading" and promises of political or financial benefits.

Defending the Speaker's action, Advocate General Vijay Narayan argued that the motive behind the resignations was irrelevant and that the MLAs had personally appeared before the Speaker to submit their resignations, making them voluntary and valid.

The case is being closely watched for its potential impact on the interpretation of anti-defection laws and legislative resignations.