Madras High Court upheld the resignation of six AIADMK MLAs who joined TVK, ruling disqualification proceedings remain valid. Speaker given two months to decide disqualification pleas.
The Madras High Court has upheld the resignation of six AIADMK Members of the Legislative Assembly (MLAs) who defected to the Tamilaga Vettri Kazhagam (TVK) after the 2021 elections. In Agri Krishnamurthy v. Speaker, a Bench of Chief Justice SA Dharmadhikari and Justice Arul Murugan affirmed the Tamil Nadu Assembly Speaker’s acceptance of their resignations.
However, the Court clarified that the acceptance of resignations does not render pending disqualification proceedings under the Tenth Schedule of the Constitution infructuous. It emphasized that the Speaker retains constitutional duty to adjudicate disqualification petitions and directed that such matters be decided within two months.
The ruling reinforces judicial oversight in anti-defection cases. While resignation may terminate membership, the Court held that disqualification proceedings may still proceed to maintain integrity in legislative conduct. Practitioners should note the timeline imposition may set a benchmark for expeditious disposal of similar cases under the Tenth Schedule.
Citations
- Constitution of India, Tenth Schedule
