Madras HC upholds acceptance of resignations of 6 AIADMK MLAs, directs Speaker to complete disqualification proceedings in 2 months

CHENNAI: The Madras High Court on Tuesday (October 13) upheld the Speaker’s decision to accept the resignations of six AIADMK MLAs, holding that their resignations were genuine, but directed the Speaker to complete the disqualification proceedings against them within two months.

The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan held that the MLAs’ resignations were genuine and that the Speaker was not required to conduct a detailed enquiry. However, it clarified that the resignations would not bar disqualification proceedings and directed the Speaker to complete them within two months.

The court partly allowed a plea filed by AIADMK whip Agri SS Krishnamurthy, challenging the acceptance of the resignations of six MLAs who quit the party after the Assembly elections and joined Chief Minister C Joseph Vijay’s Tamilaga Vettri Kazhagam (TVK) on the same day.

The six legislators whose resignations were challenged were Maragatham Kumaravel (Maduranthakam), S Jayakumar (Perundurai), P Sathyabama (Dharapuram), Esakki Subaya (Ambasamudram), former Health Minister C Vijayabaskar (Viralimalai) and former Transport Minister MR Vijayabhaskar (Karur). Two of them, Maragatham Kumaravel and Sathyabama, later contested and won the October 6 bypolls in their respective constituencies as TVK candidates.

Former AIADMK Minister and party whip Agri SS Krishnamurthy and Desiya Makkal Sakthi Katchi president ML Ravi filed petitions before the Madras High Court, seeking to quash the Speaker’s orders accepting the resignations of the six MLAs.

During the hearing, senior counsel CS Vaidyanathan, appearing for the Speaker, submitted that an MLA could not be compelled to remain in office if he wished to resign. He said the Speaker could only examine whether the resignation was voluntary, while allegations involving ministerial posts, money or horse-trading could be examined only in the disqualification proceedings. He contended that the Speaker had committed no violation and urged the court to dismiss the petitions.

Senior counsel Satish Parasaran, appearing for the resigned MLAs, submitted that resigning as an MLA and subsequently joining another party was part of democratic politics. He also submitted that the MLAs’ resignations could be questioned by voters of their respective constituencies.

Advocate General Vijay Narayan, appearing for the Assembly Secretary, submitted that once the MLAs had genuinely and voluntarily tendered their resignations, the Speaker could not refuse to accept them.