"Mockery Of Democracy": Madras High Court On MLAs Resigning To Seek Re-Election

The Madras High Court has questioned the practice of elected MLAs resigning shortly after an election and then seeking re-election from the same constituency after switching parties, observing that such a practice makes a "mockery of democracy" and insults voters.

The observation comes at a politically significant juncture in Tamil Nadu, with the ruling TVK fielding the same two former AIADMK MLAs, Maragatham Kumaravel and P Sathyabama who resigned from Madurantakam and Dharapuram respectively and joined TVK, for the by-elections to those very constituencies.

Hearing a public interest litigation, a division bench of Justices SM Subramaniam and K Govindarajan said MLAs are elected on the basis of the people's trust.

The judges observed that resigning within a short period after being elected and then contesting again from the same constituency "makes a mockery of democracy" and amounts to an insult to voters.

The court asked the Election Commission to examine the issue and consider framing guidelines to prevent such a practice. The judges noted that there are currently no guidelines to deal with such situations and said the Election Commission should examine whether decisions could be taken in exceptional circumstances.

The PIL was filed by Chennai-based advocate Sudhan, who argued that resignations for political reasons soon after an election force taxpayers to bear the cost of conducting by-elections. He sought appropriate procedures, including measures concerning election deposits, to make those resigning accountable for the resulting expenditure.

The plea also sought consideration of legislation to prevent MLAs who resign shortly after being elected for political reasons from contesting elections for a specified period.

The petitioner further sought a stay on the Madurantakam and Dharapuram by-elections and a direction preventing the Election Commission from accepting the nominations of Kumaravel and Sathyabama.

The issue has a larger electoral context. Seven Assembly seats are currently vacant, including Tiruchi East, which Chief Minister Vijay vacated after winning from two constituencies and retaining the other seat. The remaining six vacancies were created after AIADMK MLAs resigned and joined TVK.

The Election Commission has so far announced by-elections only in Madurantakam and Dharapuram. Polls have not been announced in Ambasamudram, Perundurai, Karur, Viralimalai, and Tiruchi East, where election petitions are pending.

The resignations have also triggered a political controversy. The opposition has accused the ruling minority TVK government of horse-trading, alleging that resignations were engineered and the MLAs inducted into TVK so they could seek re-election and help strengthen the government's numbers. TVK has denied the allegations.