Defection taint not vaporised by resignation, Supreme Court had said in a judgment
The acceptance of resignations by Tamil Nadu's Speaker has raised questions about the legality of disqualifying MLAs while their resignations are pending. Four AIADMK legislators have joined the ruling Tamilaga Vettri Kazhagam after their resignations were accepted, potentially complicating disqualification proceedings. The Supreme Court has clarified that a resignation does not eliminate the taint of disqualification if it occurred prior to the resignation.
- ▪The Tamil Nadu Assembly Speaker accepted the resignation of four AIADMK legislators.
- ▪These legislators joined the ruling Tamilaga Vettri Kazhagam after resigning.
- ▪The AIADMK has appealed to the Speaker to reconsider the acceptance of these resignations.
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A question has been raised in Tamil Nadu as to whether the Speaker can accept the resignation of MLAs while petitions for disqualifying them are pending. The Tamil Nadu Assembly Speaker, J.C.D. Prabhakar, has accepted the resignation of four legislators elected as AIADMK candidates. They have all joined the ruling Tamilaga Vettri Kazhagam (TVK) after their resignations were accepted. The members were part of a group of 25 AIADMK legislators who voted in favour of the TVK regime in the recent confidence motion in the Assembly.The AIADMK leadership had earlier sought their disqualification for violating the party’s direction to oppose the motion. However, the acceptance of their resignations may have rendered the disqualification proceedings against them infructuous.
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