Chennai, Oct 27:
The Supreme Court has issued notices to the Union government, the Election Commission of India and other respondents on a petition challenging the resignation of six AIADMK legislators who subsequently joined the ruling Tamilaga Vettri Kazhagam (TVK) in Tamil Nadu.
The petition was filed by advocate K Sudhan, who challenged a Madras High Court order dismissing his public interest litigation seeking measures to prevent elected representatives from switching political parties soon after elections. The petitioner argued that such resignations and subsequent political realignments undermine the electoral mandate and impose an additional financial burden on the public through by-elections.
Sudhan sought directions making Members of Parliament and MLAs who voluntarily resign from their elected posts liable to pay an amount equivalent to the public expenditure incurred on conducting by-elections in their constituencies. He also sought a provision disqualifying such representatives from contesting parliamentary or Assembly elections for five years after resignation.
The petition raises broader questions about the consequences of elected representatives resigning before the completion of their terms and joining another political party. The petitioner has argued that safeguards are necessary to prevent public funds from being spent repeatedly on elections triggered by such decisions.
The Supreme Court’s notice seeks responses from the respondents on the issues raised in the petition. The court has posted the matter for further hearing on November 16. The issuance of notice does not amount to a final finding on the merits of the petition.