Chennai, September 16, 2026 (Yes Punjab News)
The Madras High Court on Wednesday questioned the practice of elected legislators resigning from the Assembly, switching political parties and then contesting a by-election from the same constituency, observing that such a move could undermine the mandate given by voters.
Justice S.M. Subramaniam said an MLA who resigns only to seek re-election on another party’s ticket could be seen as making a mockery of the democratic process and questioned whether such conduct could amount to insulting the electorate.
The observations were made by a Division Bench comprising Justice S.M. Subramaniam and Justice K. Govindarajan while hearing a public interest litigation (PIL) filed by Chennai advocate K. Suthan.
The petitioner has sought measures to prevent elected representatives from resigning after switching parties and subsequently contesting the resulting by-election from the same constituency. He argued that such a practice undermines the mandate given by voters in the general election and places an avoidable financial burden on the public exchequer.
The Bench also questioned why the Election Commission of India (ECI) should not examine the issue and consider framing appropriate guidelines by exercising its powers under Article 324 of the Constitution.
Senior counsel R. Singaravelan, appearing for the petitioner, told the court that six AIADMK legislators in Tamil Nadu had resigned after the 2026 Assembly election and subsequently joined the ruling Tamilaga Vettri Kazhagam (TVK).
Of them, Maragatham Kumaravel and P. Sathyabama have been fielded by the TVK in the Madurantakam and Dharapuram constituencies, respectively. The vacancies in both seats arose following their resignations.
The court was informed that the ECI had notified by-elections only for these two constituencies and not for the other seats vacated by the remaining legislators.
Singaravelan argued that allowing elected representatives to resign and immediately seek a fresh mandate under another party’s banner, without any restrictions, weakens democratic accountability.
He submitted that voters who had elected a candidate based on a particular party affiliation were being required to vote again because of the legislator’s political decision.
The petitioner also contended that failure to regulate the practice could encourage mass resignations in the future, resulting in repeated by-elections and imposing a substantial financial burden on the public exchequer.
The Bench indicated that the issue warranted closer examination in view of the Election Commission’s constitutional responsibility for the superintendence, direction and control of elections. It asked the poll panel to consider whether safeguards could be formulated to discourage resignations undertaken solely for switching parties followed by an immediate bid for re-election.
The issue comes amid ongoing litigation concerning resignations by Tamil Nadu MLAs following the 2026 Assembly elections. In July, another Madras High Court Bench had temporarily restrained the ECI from notifying by-elections to five Assembly constituencies where elected candidates had resigned, while the court considered a challenge concerning the vacancies.
The High Court had also previously heard a PIL seeking a CBI probe into allegations surrounding the resignation of four AIADMK MLAs and their subsequent joining of the TVK. The court dismissed that plea in June, observing that allegations of political horse-trading were unsupported by tangible material.
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