The Hindu (Tamil Nadu) ·
Resigned MLAs seeking re-election in bypolls may amount to insulting voters: Madras High Court judge
Justice S.M. Subramaniam wonders why the Election Commission of India should not frame guidelines to address the issue
An elected Member of the Legislative Assembly (MLA) resigning his/her post only to recontest on behalf of another political party in the consequent bye-election may amount to insulting the voters and the choice they had made at the first instance, said Justice S.M. Subramaniam of the Madras High Court on Wednesday (September 16, 2026).
Presiding over the second Division Bench, along with Justice K. Govindarajan, the seniormost judge of the High Court asked why the Election Commission of India (ECI) should not examine the issue in detail and come up with guidelines, by exercising its powers under Article 324 of the Constitution, to prevent this “mockery of democracy.”
The oral observations were made during the hearing of a public interest litigation (PIL) petition filed by Chennai-based advocate K. Suthan, who had insisted that the practice of elected legislators resigning their post, only to seek re-election from the same constituencies after joining other political parties, be prevented.
