Chennai, June 17 The Madras High Court on Wednesday ordered notice to Tamil Nadu Legislative Assembly Speaker JCD Prabhakar on petitions seeking to set aside his decision accepting the resignation of four AIADMK MLAs.
The first bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan also ordered notices to the Assembly Secretary, Election Commission, Chief Electoral Officers and ex-AIADMK MLAs-- S.Jayakumar, Maragatham Kumaravel, P.Sathyabama and Esakki Subaya.
The bench posted to June 29, further hearing of the petitions filed by AIADMK whip Agri SS Krishnamurthy and another PIL plea filed by Desiya Makkal Sakthi Katchi.
When the petitions came up for hearing, senior advocate V Giri appearing for Krishnamurthy submitted that when the confidence motion was moved on May 13, violating the direction of the whip, 25 AIADMK MLAs voted in favour of the present ruling party Tamilaga Vetri Kazhagam (TVK).
The AIADMK general secretary Edappadi K Palaniswami made a complaint against the 25 MLAs. Subsequently, of the 25 MLAs, 21 MLAs tendered their apology and their conduct was condoned by the AIADMK party, he added.
He said the remaining four MLAs tendered their resignation.
While three MLAs tendered their resignation on May 25, 2026, Esakki Subaya resigned on May 26, 2026 and it was accepted by the Speaker when the anti-defection proceeding was on the way.
As per Article 190 (3) (b) of the Constitution, the resignation should be voluntary and genuine.
The Speaker should conduct an enquiry as to whether the resignation was voluntary or genuine.
However, in this case, the Speaker without conducting an enquiry with regard to whether it was voluntary or genuine, immediately accepted the four MLAs' resignation and declared the four seats as vacant when the disqualification proceedings were pending, he added.
He said on the same day, after tendering their resignation, they joined the TVK.
Hence, there was an inducement for other benefits. Therefore, their resignation was not voluntary or genuine. The Speaker cannot say there was no need to conduct an enquiry.
The Speaker, without conducting an enquiry, accepted their resignation. Therefore, the petitioner has questioned the acceptance of resignation, he added.
Senior counsel SR Rajagopal, also appearing for Agri Krishnamurthy submitted that the leader of the AIADMK party says there was horse trading before the resignation of four MLAs. Promises were made for pecuniary advantage, he submitted.
Advocate general Vijay Narayan submitted that the motive behind resignation was irrelevant.
The four MLAs appeared in person before the Speaker and submitted their resignation. Therefore, their resignation was voluntary and genuine, he added.
