Supreme Court Seeks Centre, EC Response On Plea Against MLAs Resigning To Evade Anti-Defection Law

The Supreme Court has issued notices to the Centre and the Election Commission of India on a petition challenging the practice of legislators resigning to avoid disqualification under the anti-defection law, joining another party and contesting by-elections at public expense.

A bench headed by Chief Justice of India Surya Kant issued the notices in a case involving Tamil Nadu. The court has sought responses from the Centre and the poll body on the plea.

Six MLAs elected on AIADMK tickets in Tamil Nadu allegedly voted in favour of a confidence motion moved by the TVK government in the Assembly, in violation of their party whip. Disqualification proceedings against them under the Tenth Schedule of the Constitution were pending when they resigned from the Assembly.

The Assembly Speaker accepted their resignations, following which the legislators joined the ruling Tamilaga Vettri Kazhagam (TVK).

What Has The Petitioner Argued?

Petitioner K Suthan has challenged a September 24 order of the Madras High Court before the Supreme Court. He argued that legislators resign to avoid disqualification and subsequently return to the Assembly by contesting by-elections on the ticket of another party, undermining the purpose of the anti-defection law.

The petition contends that an Assembly seat is not the personal property of an elected representative but belongs to the electorate that chose the legislator. It further argues that resignations undertaken for political gain erode public trust and impose the cost of holding fresh elections on the public exchequer.

The petitioner has sought a mechanism under which legislators who resign would be required to deposit an amount equivalent to the public expenditure incurred on conducting the resulting by-elections.

What Did The Supreme Court Say?

Suthan had initially approached the Madras High Court, seeking a five-year disqualification for the legislators. After the High Court dismissed his petition, he moved the Supreme Court.

At the beginning of the hearing, the bench headed by the Chief Justice indicated that it might not entertain the plea. However, it subsequently issued notices to the Centre and the Election Commission.

The matter is expected to be heard next on November 16.