Ambasamudram MLA seeks to withdraw resignation, HC declines fresh plea

In a fresh development in the ongoing legal battle over the resignation of six AIADMK MLAs in Tamil Nadu, Ambasamudram's former legislator Esakki Subaya has informed the Madras High Court that he has written to Assembly Speaker J.C.D. Prabhakar expressing his willingness to withdraw his resignation.

Subaya, who resigned on May 26, 2026, submitted a representation to the Speaker on August 28, 2026, requesting permission to resume duties or, alternatively, to withdraw his resignation and restore his membership. The move comes amid prolonged litigation that has left the constituency without representation.

However, the first Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan declined to take Subaya's additional affidavit on record. The bench observed that fresh pleadings cannot be permitted after oral arguments have commenced, stating, "We will not take anything (on record) because the matter is already part heard."

In his affidavit, Subaya reiterated that his resignation was voluntary and genuine, and that the Speaker had validly accepted it within constitutional powers. He argued that the electorate of Ambasamudram has been deprived of democratic representation due to multiple litigations and the consequent delay in conducting bypolls.

The court was hearing a batch of writ petitions filed by AIADMK whip Agri S.S. Krishnamurthy challenging the Speaker's acceptance of resignations submitted by six MLAs between May 26 and June 19, 2026. Senior counsel S.R. Rajagopal brought the additional affidavit to the court's notice, noting it had been served suddenly.

Subaya's affidavit highlighted that apart from the present case, a public interest litigation had been filed against the conduct of bypolls to five of the six constituencies, with an interim order restraining the Election Commission from notifying elections. An election petition challenging his victory in the general elections is also pending.

"Due to continuous delays and protracted litigation, the electorate has been deprived of democratic representation in the Legislative Assembly, causing severe prejudice to local governance, public welfare schemes, and developmental works," the affidavit stated.

Subaya said his latest representation to the Speaker was made purely in larger public interest and to protect the rights of the electorate. The letter is currently pending consideration before the Speaker.

After declining to accept the fresh filing, the bench heard arguments from senior counsel V. Giri and S.R. Rajagopal for the petitioner, C.S. Vaidyanathan for the Speaker, Advocate General Vijay Narayan for the Assembly Secretary, and senior counsel Menaka Guruswamy for three of the resigned MLAs, before reserving orders.