The Madras High Court on Tuesday upheld the Tamil Nadu Assembly Speaker’s decision to accept the resignations of six AIADMK MLAs, ruling that the pendency of disqualification proceedings against them did not bar the acceptance of their resignations.
A Division Bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arulmurgan dismissed the petitions challenging the Speaker’s decision. It also directed the Speaker to decide the pending disqualification proceedings within two months.
The petitions were filed by AIADMK whip Agri S.S. Krishnamurthy and National Makkal Sakthi Katchi president M.L. Ravi, challenging the acceptance of the resignations of the legislators.
The controversy arose after 25 of the 47 AIADMK MLAs elected to the Tamil Nadu Assembly voted in support of the confidence motion moved by the government headed by Chief Minister Vijay. The AIADMK subsequently sought their disqualification for allegedly violating the party whip.
Four of the MLAs — Maragatham Kumaravel (Madurantakam), Sathyabama (Dharapuram), Isakki Subbaiah (Ambasamudram) and Jayakumar (Perundurai) — later resigned from the Assembly and joined the Tamilaga Vettri Kazhagam (TVK). Their resignations were accepted by Speaker J.C.D. Prabhakar.
The petitions contended that the Speaker had accepted the resignations without conducting a meaningful inquiry into whether they were voluntary. The petitioners argued that the MLAs had met a Minister at the Secretariat and joined the TVK within minutes of submitting their resignation letters. They also alleged that the Speaker had not issued notice to the AIADMK whip before accepting the resignations.
The Speaker’s side maintained that an MLA could not be compelled to continue in office against his or her wishes. It argued that the Speaker’s inquiry was limited to determining whether the resignations were voluntary and genuine.
Allegations of horse-trading or inducements, it said, could be examined as part of the disqualification proceedings.
Counsel for the MLAs submitted that their resignations were genuine and voluntary, and that acceptance of the resignations would not automatically invalidate the pending disqualification proceedings.
The Assembly Secretariat also contended that the Speaker could not refuse to accept resignation letters that were submitted voluntarily.
After hearing the arguments, the Bench upheld the Speaker’s decision and directed that the disqualification proceedings be decided within two months.
