Supreme Court rejects plea against AIADMK MLAs who resigned to join Vijay's TVK

The Supreme Court on Monday dismissed a writ petition challenging the resignations of former All India Anna Dravida Munnetra Kazhagam (AIADMK) members of legislative assembly (MLAs) who crossed over to join the Tamilaga Vettri Kazhagam (TVK) following the 2026 State Assembly elections.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana observed that an elected representative resigning from their legislative seat and taking up ministerial office forms part of the standard political process.

During the hearing, counsel for the petitioner pressed for judicial intervention under extraordinary writ jurisdiction, arguing that a constitutional vacuum exists within the Tenth Schedule (anti-defection law).

Counsel contended that legislators were actively bypassing disqualification penalties by submitting tactical resignations under Article 190(3)(b) of the Constitution and subsequently securing berths in the ruling government.

Pointing to a First Information Report (FIR) already registered regarding allegations of horse-trading and inducement surrounding the crossover, the counsel submitted that the resignations could not be viewed in isolation.

The Bench, however, declined to entertain the challenge under constitutional jurisdiction, emphasising the clear separation between writ remedies and criminal investigation.

"Let the FIR be investigated. Law will take its course," Justice Bagchi observed while dismissing the petition.

The development follows an earlier verdict where the Madras High Court upheld the turncoat AIADMK MLAs’ resignations and set a two-month deadline for disqualification pleas.

In that ruling, a Division Bench of Chief Justice SA Dharmadhikari and Justice Arul Murugan had dismissed a petition by AIADMK Whip Agri SS Krishnamurthy contesting the Tamil Nadu Assembly Speaker’s swift acceptance of the resignations of six MLAs - S Jayakumar, Maragatham Kumaravel, P Sathyabama, Esakki Subbaya, C Vijaya Bhaskar and MR Vijayabhaskar.

The six legislators had defied the party whip during a confidence motion to back the Vijay-led TVK government before immediately stepping down.

While the High Court held that resignation and disqualification are distinct constitutional tracks, it clarified that accepting an MLA's resignation does not render pending Tenth Schedule proceedings infructuous, directing the Assembly Speaker to adjudicate the disqualification petitions on their merits within two months.