Archive · 1 Sep 2026
Ex-AIADMK MLA Seeks Withdrawal of Resignation From Speaker
Esakki Subaya was an MLA who resigned and left AIADMK to join TVK.
He now wants to keep serving as an MLA or take back his resignation.
He says his constituency needs an elected representative.
His request was submitted to the Madras High Court.
The court is considering a dispute about whether the Speaker accepted the resignations properly.
The Election Commission says elections cannot currently be held in five vacant seats, including Subaya’s.
This is because election cases about those seats are still pending.
AIADMK says the Speaker should have considered its requests to disqualify the rebel MLAs first.
The Speaker says the resignation papers were valid.
Esakki Subaya asked to continue as MLA or withdraw his resignation.
He said his constituency should not be left without democratic representation.
The Madras High Court is hearing a challenge over accepting the resignations.
The Election Commission said by-elections cannot yet be held in Subaya’s seat and four others.
AIADMK alleges the resignations were hastily accepted while disqualification petitions remained pending.
- Who
- Esakki Subaya, AIADMK, the Madras High Court, the Election Commission, and Speaker JCD Prabhakar are involved.
- What
- Subaya has asked to continue as an MLA or withdraw his resignation.
- When
- After the Speaker accepted his resignation, during the ongoing legal challenge.
- Where
- The matter is before the Madras High Court and concerns Subaya’s assembly constituency.
- Why
- Subaya says his constituency could otherwise lack democratic representation; AIADMK is challenging the resignation process and alleging horse-trading.
AIADMK’s Position
Subaya and Speaker’s Positions
Whether resignations should have been accepted
AIADMK’s Position
AIADMK says the Speaker should have decided its disqualification petitions against the rebel MLAs before accepting their resignations.
Subaya and Speaker’s Positions
The Speaker said the resignation papers were in order and accepted them; Subaya now seeks permission to continue as MLA or withdraw his resignation.
Possible inducement or horse-trading
AIADMK’s Position
AIADMK alleges the resignations were hastily accepted amid horse-trading and says the Speaker should have checked whether the decisions were induced or emotional.
Subaya and Speaker’s Positions
The Speaker has defended the acceptance by saying the resignation papers were valid. Subaya’s stated concern is preserving representation for his constituency.
How to restore representation
AIADMK’s Position
AIADMK argues the legal process should address the alleged violations of the 10th Schedule before the former MLAs benefit from resignations.
Subaya and Speaker’s Positions
Subaya says either a new election should be held or he should be allowed to withdraw his resignation, while the Election Commission says five by-elections cannot currently proceed because election petitions are pending.
- MLA seeking reversal
- Esakki Subaya
- Political parties involved
- AIADMK and ruling TVK
- Court
- Madras High Court
- Vacant seats affected
- Seven assembly seats were notified as vacant after resignations.
- By-election restriction
- The Election Commission said by-elections cannot be held in five of the seven vacant seats.
- Reason for restriction
- Election petitions challenging the victories in those constituencies are pending.
- Earlier political dispute
- Twenty-five AIADMK rebel MLAs voted for the minority TVK government despite the party whip.
- Speaker’s position
- JCD Prabhakar said the resignation papers were in order.