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 later joined the TVK after the party emerged as the single largest in the April 23 assembly elections with 108 seats in the 234-member house.
During the confidence vote on May 13, the four MLAs voted in favor of the TVK government led by C Joseph Vijay, defying the party whip. The AIADMK sought their disqualification, but before proceedings concluded, the MLAs resigned on May 25 and 26. The Speaker accepted their resignations, and they subsequently joined the TVK.
Court's Observations
The bench termed the allegations “entirely misconceived, devoid of specific factual details, and legally unsustainable.” It noted that while a sudden realignment of political loyalty may cause financial strain due to by-elections, such political choices do not automatically translate into criminal misconduct without proof of an unlawful quid pro quo. The court emphasized that a CBI probe can only be ordered in exceptional cases supported by evidence of a prima facie offense, not on vague allegations or suspicion.
Impact and Related Proceedings
In separate proceedings, the TVK government assured the court that it would take disqualification proceedings against the four former AIADMK MLAs to their “logical conclusion.” Advocate General Vijay Narayan informed the bench that the AIADMK had initially sought disqualification of 25 MLAs but later condoned 21, leaving only the four who resigned. The Speaker accepted their resignations after verifying they were voluntary, in line with Supreme Court rulings.
AIADMK leader Agri SS Krishnamurthy has also challenged the Speaker's decision and sought to restrain the Election Commission from conducting by-elections in the four constituencies—Perundurai, Madurantakam, Dharapuram, and Ambasamudram. Both petitions argue that accepting resignations while disqualification proceedings were pending allowed the MLAs to bypass the anti-defection law. The court will hear these pleas on Wednesday.
What Readers Should Know
- The Madras High Court has set a precedent that political realignment without evidence of corruption is not criminal misconduct.
- The ruling underscores the high bar for ordering CBI probes, requiring specific factual allegations rather than generalized suspicion.
- The case highlights ongoing political realignments in Tamil Nadu following the recent assembly elections.
FAQ
What did the Madras High Court rule on political realignment?
The court held that political realignment, even if abrupt, does not amount to criminal misconduct under the Prevention of Corruption Act without evidence of unlawful quid pro quo.
Why was the CBI probe plea dismissed?
The plea was dismissed because it lacked specific factual details and relied on vague allegations and suspicion, which are insufficient to order a CBI probe.
What happened to the four AIADMK MLAs?
They resigned from the assembly on May 25-26, 2026, and later joined the ruling Tamilaga Vettri Kazhagam (TVK). Their resignations were accepted by the Speaker.
Source: www.hindustantimes.com