Madras High Court Calls MLA Resignations for Re-Election a Mockery of Democracy
Madras High Court says MLAs resigning soon after election and re-contesting from the same seat insults voters, asks EC to consider guidelines.
The Madras High Court has criticised the practice of elected MLAs resigning soon after an election and then contesting again from the same constituency after changing parties, observing that it makes a "mockery of democracy" and insults the trust voters place in their representatives.
A division bench of Justices SM Subramaniam and K Govindarajan made the observation while hearing a public interest litigation. The judges said MLAs are elected on the basis of the people's trust, and that stepping down within a short period of being elected only to seek a fresh mandate from the same seat undermines that trust.
The court asked the Election Commission to examine the issue and consider framing guidelines to prevent such a practice. It noted that no guidelines currently exist to deal with such situations, and said the poll panel should look into whether decisions could be taken in exceptional circumstances.
The petition 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 procedures, including measures relating to election deposits, to hold those resigning accountable for the resulting expenditure. The plea also sought legislation to bar 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 by-elections in Madurantakam and Dharapuram, along with a direction restraining the Election Commission from accepting the nominations of Maragatham Kumaravel and P Sathyabama.
The case has arisen at a politically charged moment in Tamil Nadu. The ruling TVK has fielded Kumaravel and Sathyabama, both former AIADMK MLAs who resigned from Madurantakam and Dharapuram respectively and joined the party, for the by-elections to those same constituencies.
Seven Assembly seats are currently vacant. These include Tiruchi East, which Chief Minister Vijay vacated after winning from two constituencies and retaining the other seat. The remaining six fell vacant after AIADMK MLAs resigned and joined TVK. The Election Commission has so far announced by-elections only for 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 stirred a political controversy. The opposition has accused the ruling minority TVK government of horse-trading, alleging that the 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.