The decision followed a public‑interest litigation filed by Chennai‑based advocate Sudhan, who argued that resignations for political reasons soon after an election force taxpayers to bear the cost of costly by‑elections.
Justices SM Subramaniam and K Govindarajan stressed that legislators are elected on the basis of people’s trust and that taking a seat, resigning and then re‑contesting the same constituency insults voters.
The bench asked the Election Commission to examine the issue, to frame guidelines that would curb the practice and to consider legislation preventing MLAs from contesting elections for a specified period after a resignation. The PIL also sought a stay on the Madurantakam and Dharapuram by‑elections and a direction barring the nominations of former AIADMK MLAs Maragatham Kumaravel and P Sathyabama.
The controversy comes amid seven vacant assembly seats in Tamil Nadu, including Tiruchi East vacated by Chief Minister Vijay after winning two seats, and six vacancies created when AIADMK MLAs joined the ruling TVK. The Election Commission has announced by‑elections only in Madurantakam and Dharapuram; polls in Ambasamudram, Perundurai, Karur, Viralimalai and Tiruchi East remain pending.
Opposition parties have accused the TVK government of engineering the resignations to boost its numbers, while the party denies any collusion.