Madras High Court Judge Questions Resigned MLAs Recontesting Bypolls

A judge of the Madras High Court has observed that an elected legislator resigning his or her seat only to recontest the resulting bye-election on another party's ticket could amount to insulting the voters and the choice they made when they first elected that person.

Justice S.M. Subramaniam made the oral observation on Wednesday while hearing a public interest litigation petition filed by Chennai-based advocate K. Suthan. The petitioner has sought to prevent the practice of elected legislators giving up their posts and then seeking re-election from the same constituencies after joining other political parties.

Sitting on the second Division Bench with Justice K. Govindarajan, the seniormost judge of the court asked why the Election Commission of India should not examine the issue in detail and frame guidelines using its powers under Article 324 of the Constitution to stop what he described as a mockery of democracy.

Senior counsel R. Singaravelan, appearing for the petitioner, told the court that six AIADMK MLAs in Tamil Nadu had resigned after the general elections this year and joined the ruling Tamilaga Vettri Kazhagam. Two of them, Maragatham Kumaravel and P. Sathyabama, have now been named the TVK's candidates for the vacancies their own resignations created in the Madurantakam and Dharapuram constituencies. The court was also told that the poll panel had notified bye-elections only to these two seats.

The counsel argued that if the practice went unregulated, a situation could arise in which mass resignations put a heavy burden on the public exchequer by forcing repeated bye-elections.

Justice Subramaniam said no one could stop a legislator from resigning, but the difficulty arose when that person sought re-election to fill the vacancy caused by the resignation. Either Parliament or the Election Commission must examine the peculiar circumstance, he said.

Advocate General Vijay Narayan pointed out that the first Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan had already reserved orders on a writ petition challenging the acceptance of the six MLAs' resignations. The second Bench then adjourned the PIL to Friday so that it could be heard by the first Bench after the Chief Justice returns from a sitting at the Madurai Bench.

The Advocate General also submitted that the law as it stands does not bar resigned MLAs from recontesting bye-elections, and that the petitioner's plea to stall the Madurantakam and Dharapuram bye-elections could not be accepted.