No respite for AIADMK, Madras High Court upholds resignations of six MLAs who joined Vijay’s party

The Madras High Court ruled on Tuesday that the Tamil Nadu Assembly Speaker's acceptance of resignations from six AIADMK legislators who joined the ruling Tamilaga Vettri Kazhagam (TVK) would not terminate pending disqualification proceedings. Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan directed Speaker JCD Prabhakar to conclude these proceedings within two months, distinguishing between resignation and disqualification under the Constitution's anti-defection provisions.

The court accepted the resignations, tendered between May and June, as genuine and voluntary, finding the Speaker's limited inquiry met constitutional requirements. However, the court emphasized that resignation and disqualification were separate processes, allowing pending disqualification proceedings to continue. Six AIADMK legislators—Esakki Subaya, S Jayakumar, Maragatham Kumaravel, P Sathyabama, C Vijayabaskar, and M R Vijayabhaskar—joined Chief Minister C Joseph Vijay's TVK after leaving the AIADMK in the aftermath of the Assembly elections.

Disqualification proceedings remain pending against four of them over allegations of violating the AIADMK whip during a confidence motion.