MLAs change party, recontest: SC seeks Centre, EC reply on plea

New Delhi: While hearing an appeal that MLAs cannot abandon the electorate, resign, change their party, and then fight the bypoll, the Supreme Court on Monday, October 26, sought the Union government’s response.

The bench led by Chief Justice of India Surya Kant issued formal notice to the Centre on the appeal filed by advocate K. Suthan.

The appeal challenges the Madras High Court’s September 24 judgment dismissing Suthan’s petition against the resignation of AIADMK MLAs, including S. Jayakumar, and their switch of allegiance to the ruling Tamilaga Vettri Kazhagam (TVK).

The court also issued notices to the Election Commission of India, the Tamil Nadu Chief Electoral Officer, the Secretary of the State Legislative Assembly and six former AIADMK MLAs: S. Jayakumar, Maragatham Kumaravel, P. Sathyabama, E. Subbaiya, M.R. Vijayabaskar, and C. Vijayabaskar.

What the petition said

Suthan’s petition said that “a seat in the Legislature does not belong to the person who sits in it. It belongs to the people who sent him there…When a member abandons that vote within weeks…he breaks the trust on which representative democracy rests.”

It said that soon after the Tamil Nadu election results were declared in May this year, AIADMK legislators voted on the confidence motion in defiance of the party whip.

Even as the petitions seeking their disqualification under the anti-defection law were pending before the Speaker, they resigned from their seats. Their resignations were accepted the same day and they were accepted in the ruling party, it said.

“They resign even before the Speaker decides the disqualification petitions and walk out free. They walk straight back in through a by-election under a new banner. What the Tenth Schedule forbids by the front door is achieved through the side door of resignation,” it said.

In fact, the plea said the MLAs who quit from Dharapuram and Madurantakam were announced as the ruling party’s candidates for the same seats.

Resignations could undermine anti-defection law

The plea pointed out that the 2026 elections led to a hung Assembly in the state. With no party winning a clear majority, the government depends on the support of allies and others. Then “every vote is a prize. If a member may defect, resign before the Speaker can disqualify him, and return through a by-election under the banner of the ruling party, the Tenth Schedule becomes a dead letter,” it said.

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