Key Facts
The Madras High Court on Tuesday dismissed a public interest litigation (PIL) seeking a CBI probe into the resignation of four AIADMK legislators and their subsequent induction into the ruling Tamilaga Vettri Kazhagam (TVK). The bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan held that political realignment, however abrupt, does not constitute criminal misconduct in the absence of evidence.
Details of the Case
The PIL was filed by advocate B Ramkumar Adityan, who alleged political horse-trading and sought criminal action under the Prevention of Corruption Act. The four legislators — S Jeyakumar, P Sathyabama, K Maragatham Kumaravel and Dr E Subaya — resigned from the AIADMK and the assembly on May 25 and 26, after the TVK government led by C Joseph Vijay won a confidence vote on May 13. The TVK had emerged as the single largest party with 108 seats in the 234-member house but fell short of a majority.
Court's Observations
The bench termed the allegations “entirely misconceived, devoid of specific factual details, and legally unsustainable.” It noted that the petition rested on suspicion and conjecture, with “highly generalised, sweeping and vague allegations.” The court emphasized that a CBI probe can be ordered only in exceptional cases supported by evidence of a prima facie offence, not on the basis of vague allegations.
“While a sudden realignment of political loyalty… may cause financial strain due to the necessities of conducting a bye-election, such political choices do not ipso facto translate into criminal misconduct under the Prevention of Corruption Act, in the complete absence of proof of an unlawful quid pro quo,” the bench held.
Related Proceedings
In separate proceedings, the TVK government told the court it is committed to taking the disqualification proceedings against the four former AIADMK MLAs to their “logical conclusion.” Advocate General Vijay Narayan submitted that the AIADMK had originally sought disqualification of 25 MLAs for defying the party whip but later condoned the conduct of 21 legislators. Proceedings continued only against the four who subsequently resigned and joined TVK.
Assembly Speaker JCD Prabhakar accepted their resignations after satisfying himself that they were voluntary and genuine, in line with Supreme Court rulings. Two other petitions — one by Desiya Makkal Sakthi Katchi president ML Ravi and another by AIADMK leader Agri SS Krishnamurthy — challenging the speaker's decision and seeking to restrain by-elections in the four constituencies will be heard on Wednesday.
Impact and What Readers Should Know
The ruling reinforces the legal principle that political realignment, even if sudden, is not criminal unless there is concrete evidence of a quid pro quo. The court's decision underscores the high threshold required for ordering a CBI probe. The matter is likely to have implications for anti-defection law and the conduct of by-elections in Tamil Nadu.
FAQ
- What did the Madras High Court rule? The court held that political realignment, even if abrupt, does not amount to criminal misconduct under the Prevention of Corruption Act in the absence of evidence of an unlawful quid pro quo.
- Why was the CBI probe plea dismissed? The plea was dismissed because it was based on vague allegations and suspicion, without any material to support claims of corruption or horse-trading.
- What happened to the four AIADMK MLAs? They resigned from the assembly on May 25 and 26, 2026, and subsequently joined the ruling TVK party.
- What is the status of disqualification proceedings? The TVK government told the court it is committed to taking the disqualification proceedings against the four former AIADMK MLAs to their logical conclusion.
Source: www.hindustantimes.com