AIADMK whip challenges Speaker’s acceptance of four MLAs’ resignations in Madras HC

The AIADMK whip has approached the Madras High Court contending that Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar did not conduct a meaningful inquiry before accepting the resignations of four party MLAs, who subsequently joined the TVK. The writ petitions, filed by whip Agri S.S. Krishnamurthy, challenge the gazette notifications issued on May 25 and May 26, 2026, which notified the acceptance of the resignations.

Appearing before the First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, senior counsel V. Giri, representing the petitioner, argued that the Speaker accepted the resignations with “remarkable haste and without any meaningful inquiry or application of mind.” The court ordered notice to the Assembly Secretary, returnable by June 29, after hearing preliminary arguments from both sides.

The petitioner’s affidavit highlights the constitutional mandate under Article 190(3)(b) of the Constitution, which includes a proviso that the Speaker must not accept a resignation if, after inquiry, he is satisfied that it is not voluntary or genuine. The affidavit states that this proviso imposes a solemn constitutional duty requiring independent and objective satisfaction regarding the voluntariness and genuineness of the resignation, and that the absence of any discernible inquiry vitiates the decision-making process.

The petition also contends that the sequence of events indicates the resignations were not voluntary or bona fide. It notes that the four MLAs, immediately upon resigning, were inducted into the ruling TVK party, suggesting a premeditated design to evade disqualification under the anti-defection law.

Mr. Giri informed the court that the four MLAs were part of a larger group of 25 AIADMK MLAs who defied the party whip and voted in favour of the confidence motion moved by Chief Minister C. Joseph Vijay on May 13, 2026. Following this, AIADMK general secretary Edappadi K. Palaniswami had submitted a petition to the Speaker seeking their disqualification under Schedule X of the Constitution for voluntarily giving up party membership by voting against the whip.

According to the submissions, three of the MLAs—Maragatham Kumaravel, S. Jayakumar, and P. Sathyabama (elected from Madurantakam, Perundurai, and Dharapuram constituencies respectively)—submitted their resignations to the Speaker around 2:30 p.m. on May 25, 2026. They were reportedly accompanied by several people. Immediately thereafter, they went to the chambers of Minister for Public Works and Sports Development Aadhav Arjuna, who is also the TVK general secretary, in the Secretariat, where they were formally inducted into the party. The Speaker announced to the press at 3:55 p.m. that the resignations had been accepted, and the three individuals met the Chief Minister at 4:20 p.m. The events were telecast live on television channels.

A fourth MLA, E. Subaya alias Esakki Subaya (representing Ambasamudram constituency), resigned on May 26, 2026. The AIADMK whip had also submitted a representation to the Governor on May 14, 2025, regarding the conduct of the 25 MLAs, alleging pecuniary advantage.

The matter is now before the High Court, with the Assembly Secretary expected to respond by the returnable date.