Chennai, 10 June (H.S.): A Public Interest Litigation (PIL) has been filed before the Madras High Court challenging the Tamil Nadu government’s decision to accept the resignations of three AIADMK legislators who subsequently joined the ruling Tamilaga Vettri Kazhagam (TVK), alleging that the move weakens the anti-defection provisions of the Constitution.

The petition was filed by Desiya Makkal Sakthi Katchi leader M.L. Ravi, who has sought to quash the gazette notification accepting the resignations of AIADMK MLAs Maragatham Kumaravel, S. Jayakumar and P. Sathyabama. The three legislators resigned from the Tamil Nadu Legislative Assembly before joining the ruling party.

Ravi has also requested the court to direct the Speaker of the Tamil Nadu Assembly to adjudicate the pending disqualification petitions against the three former legislators in accordance with constitutional provisions and Supreme Court guidelines.

According to the petitioner, disqualification proceedings under the Tenth Schedule of the Constitution, commonly known as the anti-defection law, were already pending against the MLAs when their resignations were accepted. He argued that permitting legislators to resign before a decision is taken on disqualification petitions effectively allows them to bypass the anti-defection mechanism.

The plea relies on the Supreme Court’s landmark judgment in the Kihoto Hollohan case, which upheld the validity of the Tenth Schedule and described it as a vital constitutional safeguard aimed at preserving the integrity of parliamentary democracy and preventing political defections.

The petitioner contended that constitutional authorities are expected to exercise their powers in a manner that furthers the objectives of the Constitution. By accepting the resignations without first deciding the disqualification petitions, the Speaker allegedly enabled the legislators to evade scrutiny under the anti-defection law.

The petition further warned that such a precedent could encourage elected representatives facing disqualification proceedings to resign and avoid the consequences prescribed under the Constitution.

The matter is likely to come up for hearing before the Madras High Court on Friday.

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Hindusthan Samachar / Arun Lakshman