Tamil Nadu News

Madras HC on Resigned MLAs

September 26 , 2026 11 hrs 0 min 97 0

The Madras High Court dismissed a plea seeking a five-year ban on legislators who resign and re-contest in the resulting bypolls.
The court said Parliament or the legislature must make a law to prevent such resignations followed by re-contesting.
The Election Commission of India (ECI) has no power to create a new five-year disqualification or recover by poll expenses without a law.
The plea also sought to stop the Madurantakam and Dharapuram Assembly bypolls scheduled for October 6, 2026, but the court did not grant the stay.
The case concerned legislators who resigned after winning elections and later sought to contest the resulting bypolls on another party’s ticket.
The court held that courts cannot create new statutory restrictions through judicial orders when such rules require legislation.