The Madras High Court has upheld the Speaker’s decision to accept the resignations of six AIADMK MLAs, while directing the Speaker to decide within two months on pending disqualification proceedings against them.
The ruling was delivered by a bench comprising Chief Justice Dharmadhikari and Justice Arulmurgan. The court also dismissed petitions challenging the Speaker’s decision.
The six legislators had been elected as AIADMK MLAs before submitting their resignations. Those named in the report include M.R. Vijayabaskar, C. Vijayabaskar, Perundurai Jayakumar and Isakki Subbiah. They later joined the Tamilaga Vettri Kazhagam, according to the report.
Among the six, Maragatham Kumaravel and Sathyabama subsequently contested and won by-elections from the reserved constituencies of Madurantakam and Dharapuram, respectively. They later assumed office as MLAs, the report said.
The Speaker accepted the resignations of all six legislators. AIADMK whip Agri Krishnamoorthy and National People’s Power Party leader M.L. Ravi then filed separate petitions challenging that decision. Their argument was that the resignations should not have been accepted while disqualification proceedings against the legislators were pending.
The petitioners sought cancellation of the Speaker’s order, contending that the pending disqualification process affected the validity of accepting the resignations. Arguments were presented on behalf of the petitioners, the Speaker and the Assembly Secretary before the court.
The court’s decision separates two issues involving elected representatives: whether the resignations were validly accepted and whether any disqualification proceedings should continue. While upholding the acceptance of the resignation letters, the bench directed the Speaker to take a decision on the disqualification proceedings within two months.
The ruling has implications for the Assembly’s records of membership and for the legal status of proceedings initiated against legislators who leave one political party after being elected on its ticket. It also places a time-bound responsibility on the Speaker to address the pending disqualification question.
The Madras High Court’s order concludes the present challenges to the Speaker’s acceptance of the six resignations. The next formal step is the Speaker’s decision on the disqualification proceedings within the two-month period specified by the court.
