Madras HC Upholds 6 AIADMK MLAs’ Resignations, Orders Speaker To Finish Disqualification Proceedings In 2 Months

The Madras High Court recently confirmed the Speaker JCD Prabhakar's decision to accept the resignations of six AIADMK MLAs, who subsequently joined the ruling TVK party. However, the court has clarified that the disqualification proceedings on a representation seeking their disqualification for their defiance of the AIADMK whip and voting in favor of the Motion of Confidence moved by Chief Minister C Joseph Vijay in May must continue.

The court also noted that the resignations were genuine and voluntary, aligning with the provisions under Schedule X of the Constitution.

Two of the MLAs - Maragatham Kumaravel and Sathyabam - were re-elected to the Assembly on a TVK ticket last week. The court ruled that the resignations tendered by the six MLAs were genuine and voluntary, and the Speaker was not obligated to conduct an extensive inquiry into their motives. Nevertheless, the limited inquiry conducted by the Speaker was sufficient to verify the authenticity of their resignations.

Despite the acceptance of their resignations, the disqualification proceedings initiated against the MLAs can proceed as they are separate constitutional processes. According to the court, the Speaker has the authority to finalize the disqualification proceedings and the resulting consequences are stipulated under Schedule X of the Constitution. The court instructed the Speaker to finalize the disqualification proceedings within a two-month timeframe.