Madras HC Asks EC To Frame Guidelines On MLAs Resigning, Recontesting On Other Party Tickets

Chennai: With as many as six AIADMK MLAs resigning their Assembly membership within weeks of being elected and joining the ruling TVK, the Madras High Court has said the Election Commission of India must examine such issues to end mockery of democracy, especially when the same persons re-enter the fray in bypolls.

Bypolls and MLA resignations

Presently, the Election Commission has notified bypolls of two of these six constituencies – Madurantakkam and Dharapuram, both of which are reserved seats. The TVK has fielded Maragatham Kumaravel and P Sathyabama, who had resigned within a month of being elected on AIADMK tickets.

Court raises democracy concerns

On Wednesday, Justice S M Subramaniam, who was hearing a case with Justice K Govindarajan, said an MLA resigning only to recontest on behalf of another political party in the consequent bye-election may amount to insulting the voters and the choice they had made at the first instance. The judge went on to ask why the ECI should not examine the issue in detail and come up with guidelines, by exercising its powers under Article 324 of the Constitution, to prevent this “mockery of democracy.”

The judges were hearing a PIL which sought to prevent such instances of those switching party loyalties being fielded in the bypolls. The litigant argued that if such practice is not ended then there could be mass resignations by MLAs and conducting bypolls would cost the public exchequer heavily.

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Court seeks examination of issue

While Justice Subramaniam acknowledged that an MLA cannot be prevented from resigning, the problem would arise if they sought re-election to fill the vacancy caused by their own resignations. Therefore, he said the Parliament or ECI must examine this issue.