The Madras High Court has raised concerns over the trend of elected MLAs resigning shortly after elections to pursue re-election from the same constituency after changing parties. The court described this behavior as a “mockery of democracy” and an affront to voters, emphasizing the need for accountability in the political process.
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 court asked the Election Commission to examine the issue and consider framing guidelines to prevent such a practice. 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 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 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.
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.
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.
