A petition has been lodged with the Madras High Court contesting the Tamil Nadu government’s approval of the resignations of three AIADMK lawmakers. The petitioner, Desiya Makkal Sakthi Katchi leader M.L. Ravi, deems the move as undermining the anti-defection provisions enshrined in the Constitution. The legislators had resigned from the state Assembly before joining the ruling Tamilaga Vettri Kazhagam (TVK).
Ravi’s petition also calls for the Tamil Nadu Assembly Speaker to address and resolve the pending disqualification petitions against the three legislators in line with the law and Supreme Court principles. The petitioner argues that accepting the resignations despite ongoing disqualification proceedings contradicts the Tenth Schedule of the Constitution, which addresses anti-defection provisions.
Ravi, in his plea, highlights the significance of preventing defections that could diminish public trust in elected bodies, citing a crucial Constitutional mechanism upheld in the Kihoto Hollohan case. The petitioner contends that by allowing legislators to resign prior to disqualification decisions, the Speaker facilitated a circumvention of the anti-defection law. The petition stresses the need for the court to ensure strict enforcement of the Constitutional mandate governing defections.
The matter is slated for a hearing at the Madras High Court on Friday.
