Supreme Court notice to Centre, ECI on plea against MLAs ‘abandoning’ seats to shift loyalty at public expense

The Supreme Court was hearing appeal was filed against a Madras High Court judgment that had dismissed a petition challenging the resignation and shift in allegiance of AIADMK MLAs, to the ruling Tamilaga Vettri Kazhagam. Representational file

The Supreme Court on Monday (October 26, 2026) sought the Union government’s response on a plea that MLAs cannot abandon their voters, resign, shift political parties and contest by-elections at the expense of the public exchequer.

A Bench headed by Chief Justice of India Surya Kant issued formal notice to the Centre, on the appeal filed by advocate K. Suthan, represented by advocate Merlyn Rachel J.

The appeal was filed against a Madras High Court judgment of September 24, dismissing Mr. Suthan’s petition challenging the resignation and shift in allegiance of AIADMK MLAs, including S. Jayakumar, to the ruling Tamilaga Vettri Kazhagam (TVK).

The court has also issued notice to the Election Commission of India, Tamil Nadu Chief Electoral Officer, Secretary of the State Legislative Assembly and six former AIADMK MLAs, including, Mr. Jayakumar, Maragatham Kumaravel, P. Sathyabama, E, Subbaiya, M.R. Vijayabaskar and C. Vijayabaskar. Advocate Ram Sankar appeared on caveat for the MLAs.

In his petition, Mr. Suthan submitted 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. The vote is the citizen’s only voice in governance, and it is given for a full term of five years. When a Member abandons that vote within weeks, not for any compelling cause but to change sides, he does not merely leave a seat. He breaks the trust on which representative democracy rests”.

The petition asked the Supreme Court whether the Constitution permitted the severing of public trust at will by legislators, leaving the “people to be billed for the breach”.

The petitioner said a few days after the declaration of the Tamil Nadu Legislative Assembly election in May this year, members of the AIADMK voted on the confidence motion against the direction of their party whip.

Though petitions seeking their disqualification under the Tenth Schedule (anti-defection law) were filed and pending before the Speaker, the AIADMK MLAs resigned their seats. Their resignations were accepted on the same day. They were also accepted into the ruling party.

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

In fact, the plea said the MLAs who resigned from Dharapuram and Madurantakam were, in fact, announced as the ruling party’s candidates for the very seats they had vacated. The bye-election that followed was a “luxury election”.

“The people did not seek it. No death or disability made it necessary. No law compelled the Members to resign. Its only purpose is to launder a defection through a fresh poll. Yet every Rupee of its cost comes from the public exchequer, and the electorate is made to pay twice for the same seat. The Member who caused it bears no cost and suffers no consequence,” the petition said.

The injury was not to the exchequer alone, the petition noted. During the Budget session, the voice of the people of the six constituencies were muted, as the MLAs they had elected had quit.

“Representation is the very condition on which people consent to the spending of their money. That condition tailed, not by any act of nature or operation of law, but by the deliberate choice of those whom the people had elected. The foundation of representative democracy was thereby defeated,” the petition said.

The plea said the dangers of such resignations was not limited to just six seats.

“The 2026 elections returned a hung Assembly in Tamil Nadu. No party secured the 118 seats needed for a majority, and the Government rests on the support of allies and of Members drawn from other parties. In such a House, every vote is a prize. If a Member may defect, resign before the Speaker can disqualify him, and return through a bye-election under the banner of the ruling party, the Tenth Schedule becomes a dead letter,” it said.

Tamil Nadu / All India Anna Dravida Munnetra Kazhagam / Tamilaga Vettri Kazhagam