India’s Supreme Court has sought responses to a plea challenging Tamil Nadu resignations by legislators who switched parties, raising questions about anti-defection rules and the public cost of by-elections.

Key Takeaways

  • The court issued notices to the Union government, election authorities and six former AIADMK legislators.
  • The petitioner argues that resignations before disqualification decisions can circumvent anti-defection rules.

Tamil Nadu resignations challenged

A bench headed by Chief Justice Surya Kant issued the notices on an appeal by advocate K Suthan. The appeal challenges a Madras High Court judgment of September 24 that dismissed his petition concerning the resignation and change of allegiance of AIADMK legislators, including S Jayakumar, to the ruling Tamilaga Vettri Kazhagam, or TVK.

The Supreme Court also issued notices to the Election Commission of India, the Tamil Nadu Chief Electoral Officer, the secretary of the state Legislative Assembly and six former AIADMK legislators.

What the petition argues

Suthan said the legislators voted on a confidence motion against their party whip after the May 2026 Tamil Nadu Assembly election. He said they resigned while disqualification petitions under the Tenth Schedule were pending before the Speaker, and their resignations were accepted the same day.

The petition argues that resigning before a disqualification decision and then contesting a by-election under another party’s banner allows legislators to evade anti-defection rules. It also says the public bears the cost of the resulting polls.

The plea said the legislators who resigned from the Dharapuram and Madurantakam seats were announced as the ruling party’s candidates for those same seats.

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