Resigned MLAs seeking re-election in bypolls may amount to insulting voters: Madras High Court judge

Justice S.M. Subramaniam of the Madras High Court expressed concern on Wednesday (September 16, 2026) regarding the possibility of elected Member of the Legislative Assembly (MLA) resignations leading to re-contestation in bye-elections for other political parties. The senior-most judge of the High Court, along with Justice K. Govindarajan, questioned why the Election Commission of India (ECI) should not explore the issue more thoroughly and establish guidelines to prevent this perceived "mockery of democracy."

The matter was raised during the hearing of a public interest litigation (PIL) filed by Chennai-based advocate K. Suthan. The PIL petitioner argued that six AIADMK MLAs in Tamil Nadu had resigned from their posts after the general elections and subsequently joined the ruling Tamilaga Vettri Kazhagam (TVK) in the by-elections for Madurantakam and Dharapuram constituencies.

Senior counsel R. Singaravelan pointed out that if the practice of legislators resigning and seeking re-election in the same constituency was not regulated, it could result in mass resignations and significant expenses for the public exchequer. Subramaniam stated that while legislators can resign, the issue arises when they attempt to contest the by-elections as representatives of another party.

The court decided to defer the PIL plea to September 18 so the first Division Bench could review it after Chief Justice Sushrut Arvind Dharmadhikari returned from Madurai.