Madras High Court dismisses plea to prevent resigned MLAs from recontesting in the resulting bypolls
Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan say that it is for Parliament to take a call on the issue
The Madras High Court dismissed a legal challenge on September 24, 2026, that sought to halt the conduct of byelections in two Tamil Nadu Assembly constituencies. The petition, filed by a Chennai-based advocate, aimed to prevent the re-election of former MLAs who had resigned and subsequently joined other political parties. The court ruled that it was up to Parliament to decide any rules regarding MLAs who resign and then contest again.
The court also stated that the Election Commission of India does not have the power to set a cooling-off period or require MLAs to pay for the subsequent by-elections.
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