Madras High Court upholds Tamil Nadu Assembly Speaker’s decision to accept resignations of six AIADMK MLAs

The Madras High Court on Monday (October 13, 2026) upheld the decision of the Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar to accept the resignations submitted by six AIADMK MLAs, who later joined the ruling TVK.

Pronouncing the orders, the first Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan said, the resignations tendered by the six MLAs between May 26, 2026, and June 29, 2026, were genuine and voluntary and complied with the provisions under Schedule X of the Constitution.

The judges also said, the Speaker was not required to conduct a roving or a detailed inquiry to find out the motives behind the resignations and recorded his submission that he did, in fact, conduct a limited inquiry to find out whether the resignations were genuine and voluntary.

However, pointing out that acceptance of resignations and the disqualification proceedings that were pending against four out of the six MLAs were distinct constitutional processes, the judges said, the Speaker was competent to accept the resignations notwithstanding the pending disqualification proceedings.

The judges said, the acceptance of the resignations would not render the disqualification proceedings, instituted for reportedly violating the whip issued by the AIADMK to vote against a motion of confidence moved by Chief Minister C. Joseph Vijay in May 2026, academic or infructuous.

“The Speaker can still finally adjudicate and decide the disqualification proceedings, and such determination shall carry the consequences as described under Schedule X of the Constitution,” the Bench said. It added that the Constitution permits the High Court, under Article 226 (writ jurisdiction), to intervene when the Speaker fails to decide disqualification proceedings within a reasonable period.

Issuing a time-bound writ of mandamus, the judges directed the Speaker to conclude the disqualification proceedings within two months. The orders were passed while partly allowing a batch of writ petitions filed by AIADMK whip Agri S.S. Krishnamurthy and the Desiya Makkal Sakthi Katchi against the Speaker’s decision to accept the resignations.

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