Twist in AIADMK-TVK row: Esakki Subaya seeks to withdraw resignation, wants to continue as MLA

CHENNAI: In a fresh twist to the political and legal battle over the resignation of seven AIADMK MLAs who had crossed over to the ruling TVK, former Ambasamudram MLA Esakki Subaya sought to withdraw his resignation and continue as an elected representative of his constituency.

Subaya, who resigned as MLA and quit AIADMK to join TVK, submitted a representation to Speaker JCD Prabhakar on August 28 seeking permission to withdraw his resignation, and also filed an additional affidavit before the Madras High Court in the case concerning the acceptance of the resignations.

In his affidavit, Subaya said his primary concern was that his constituency should not be left without elected representative. "My concern is my constituency only. Either there should be an election paving the way for a new MLA or I should be allowed to withdraw my resignation so that the constituency isn't denied its democratic representation," Subaya told an English news channel.

However, Assembly Secretariat officials said there was no provision for an MLA to withdraw resignation once it had been accepted and the constituency declared vacant. A by-election would be the only option available to Subaya, they said.

The Election Commission has also informed the High Court that bypolls cannot be held in five of the seven vacant constituencies, as election petitions challenging the election victories in those seats are pending. Subaya's Ambasamudram constituency is among the five.

Reacting to Subaya's latest move, AIADMK advocates wing secretary and Rajya Sabha member IS Inbadurai said the additional affidavit further strengthened the party's allegations of "political inducement" and "horse-trading" by the TVK-led government.

Inbadurai said Subaya had informed the court that he had petitioned the Speaker on August 29 seeking to keep his resignation in abeyance and allow him to function again as an MLA, and said the move vindicated AIADMK's allegations against the TVK.

The controversy followed a revolt in AIADMK in which 25 rebel MLAs voted in favour of the minority TVK government despite the party whip. AIADMK subsequently sought their disqualification under the 10th Schedule of the Constitution.

While the disqualification petitions remain pending, Speaker Prabhakar accepted the resignations of Subaya and the other MLAs, following which their seats were declared vacant. The Speaker had defended the decision, saying the resignation papers were in order.

When asked about reports that more AIADMK MLAs could quit the party and join TVK, AIADMK general secretary Edappadi K Palaniswami said an MLA who had already quit and joined TVK had filed an affidavit seeking to continue as an MLA.

“He has filed an affidavit saying that he wants to continue as an MLA. What does that mean? Nothing has worked out there,” Palaniswami told reporters in Coimbatore.