House secretary seeks dismissal of pleas against MLAs’ exit

CHENNAI: Tamil Nadu Legislative Assembly Secretary R Santhi has informed the Madras High Court that the Speaker is legally bound to accept an MLA’s resignation if it is found to be voluntary and genuine, regardless of the underlying motive.

A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan directed the respondent MLAs to file their responses and adjourned the matter to July 13.

In a counter-affidavit, the Assembly Secretary argued that the petition is "wholly misconceived" and built on a flawed legal premise — specifically, the idea that accepting a resignation somehow defeats, derails or renders infructuous pending disqualification proceedings under the Tenth Schedule.

Santhi further submitted that the petitioner has no legal standing to dictate how the Speaker should act, or to force the rejection of a genuine resignation. She emphasised that the Speaker accepted the resignations only after a thorough inquiry confirmed they were voluntary, leaving no room for doubt.

The affidavit clarified that no law mandates that disqualification proceedings be finalised before a resignation is accepted.

Dismissing the petitioner’s claims as "vague, sweeping and not supported by admissible documentary evidence," the Secretary noted that allegations of mala fides against a high constitutional authority like the Speaker require strict proof.

The legal battle stems from petitions filed by AIADMK party whip and former Minister for Agriculture SS Krishnamurthy and Desiya Makkal Sakthi Katchi president ML Ravi, who moved the Madras High Court challenging the acceptance of the resignations of AIADMK MLAs Maragatham Kumaravel (Madurantakam), KS Jayakumar (Perundurai), P Sathyabama (Dharapuram), and Esakki Subbaiah (Ambasamudram), who subsequently joined the ruling TVK.

The petitioners sought directions restraining the Election Commission of India and the Chief Electoral Officer from issuing any notification or conducting by-elections in these four constituencies.

Secretary speak

• The Speaker must accept a resignation if it is voluntary and genuine, regardless of the MLA's motives

• No law dictates that pending disqualification proceedings must be completed before a resignation is accepted

• The resignations were approved by the Speaker only after due diligence confirmed they were entirely voluntary