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Resigned MLAs Seeking Re-Election in Bypolls May Amount to Insulting Voters: Madras High Court Judge
On Wednesday, the Madras High Court declined to stay bypolls for two constituencies while questioning the practice of MLAs resigning to switch parties. Justice S.M. Subramaniam called the maneuver a potential "mockery of democracy" during a Public Interest Litigation hearing.
Six All India Anna Dravida Munnetra Kazhagam MLAs resigned their posts this year to join the ruling Tamilaga Vettri Kazhagam . Maragatham Kumaravel and P. Sathyabama are now TVK candidates recontesting their own vacated seats.
Petitioner K. Suthan argued that unchecked resignations burden the public exchequer, seeking a directive for the Election Commission of India to mandate an "Election Expenditure Security" deposit for recontesting members. He warned mass bypolls could result.
Advocate General Vijay Narayan noted that Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan had already reserved orders on related challenges. The court adjourned the case to Friday, September 18, for the First Bench's consideration.
While bypolls remain scheduled for October 6, the court suggested Parliament or the ECI must examine regulatory measures to ensure accountability. Officials are weighing whether to introduce cooling-off periods to address premature resignations.