Archive · 25 Sep 2026
Madras High Court Rejects Plea to Restrict Resigned MLAs
An advocate named Sudhan asked the Madras High Court to punish MLAs who resign for political reasons.
He said resignations can force voters to hold another election.
He wanted the former MLAs to pay for that election.
He also wanted them barred from contesting elections for five years.
Sudhan asked the court to temporarily stop bypolls in two constituencies.
The Election Commission said it was not responsible for an MLA’s decision to resign.
The court considered whether judges could create new election rules.
It decided that lawmakers must make such changes through legislation.
The court therefore rejected the petition.
The Madras High Court dismissed a petition seeking penalties and a five-year election ban for MLAs who resign for political reasons.
Petitioner Sudhan argued that resignations soon after election victories disregard voters’ mandates and create the cost of another poll.
He asked former MLAs to deposit bypoll expenses when filing nominations and sought a five-year ban on contesting elections.
Sudhan also sought an interim halt to bypolls in the Madurantakam and Dharapuram constituencies.
The court held that the proposed requirements would need legislation and could not be introduced through a judicial order.
- Who
- Advocate Sudhan filed the petition; the Madras High Court heard it, and the Election Commission opposed it.
- What
- The court dismissed a plea seeking bypoll-cost payments and a five-year election ban for legislators who resign for political reasons.
- When
- The ruling followed the hearing; the articles do not provide a specific date.
- Where
- The case was heard by the Madras High Court in Chennai, with requested interim relief concerning Madurantakam and Dharapuram.
- Why
- The court held that the requested election-law changes must be made through legislation rather than a court order.
Petitioner’s Argument
Court and Election Commission’s Position
Responsibility for bypoll costs
Petitioner’s Argument
MLAs who resign soon after winning should bear the cost of the resulting bypoll because their actions impose an expense on the public.
Court and Election Commission’s Position
The Election Commission said it has no role in a legislator’s decision to resign after election results are declared.
Five-year election ban
Petitioner’s Argument
Legislators who resign for political reasons should be prevented from contesting elections for five years.
Court and Election Commission’s Position
The court held that creating such a disqualification would require lawmakers to amend the law.
Judicial directions
Petitioner’s Argument
Sudhan argued that the court could issue directions even without an existing statutory provision, including to address mass resignations.
Court and Election Commission’s Position
The judges ruled that the requested requirements could not be introduced through a court order and had to go through the legislative process.
- Court
- Madras High Court
- Petitioner
- Sudhan, an advocate from Saidapet in Chennai
- Requested payment
- Former MLAs would deposit the cost of a resulting bypoll when filing nomination papers
- Requested disqualification
- A five-year ban on contesting elections for legislators who resign for political reasons
- Requested interim relief
- A halt to bypolls in Madurantakam and Dharapuram
- Bench
- Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan
- Election Commission position
- It said it had no role in a legislator’s decision to resign and that the petition was not fit for consideration
