The Supreme Court has dismissed a writ petition challenging the resignations of former AIADMK MLAs who joined Tamilaga Vettri Kazhagam (TVK) following the 2026 Tamil Nadu Assembly elections. The Court observed that resigning from a legislative seat and subsequently becoming a minister falls within the political process.
Background
The petitioner argued that legislators were using resignations to circumvent disqualification proceedings under the Tenth Schedule of the Constitution, which contains India’s anti-defection law. Counsel submitted that accepting resignations while disqualification proceedings were pending could undermine the constitutional framework.
The petitioner also referred to an FIR concerning allegations of horse-trading and inducements linked to the political crossover, seeking the Supreme Court’s intervention under its writ jurisdiction.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana declined to entertain the challenge. The Court distinguished the constitutional questions raised in the petition from allegations that were already subject to criminal investigation.
Justice Joymalya Bagchi observed that the resignation of an elected representative followed by an appointment to ministerial office was part of the political process.
Addressing the allegations under investigation, Justice Bagchi remarked,
“Let the FIR be investigated. Law will take its course.”
The observation indicated that allegations concerning possible inducements should be examined through the appropriate investigative process rather than treated as established merely because they had been raised before the Court.
The Supreme Court dismissed the writ petition, declining to intervene in the challenged resignations through the proceedings before it. The Court left the allegations concerning horse-trading to be investigated in accordance with law.
The dismissal concerned the petition before the Bench and did not itself determine the truth of the allegations under investigation.
