AIADMK MLA Resignations Do Not Stop Disqualification Proceedings, TN Tells Madras HC

The Tamil Nadu assembly secretary has informed the Madras High Court in Chennai that accepting the resignations of four AIADMK MLAs does not extinguish, defeat, or render infructuous the pending disqualification proceedings against them. The state government submitted that the proceedings under the Tenth Schedule of the Constitution remain active and liable to be adjudicated.

Assembly Secretary R Santhi submitted a nine-page counter-affidavit in response to petitions challenging the speaker's decision to accept the resignations of the four legislators. The legal challenges against the speaker's decision were moved by AIADMK whip Agri S S Krishnamurthy and the Desiya Makkal Sakthi Katchi.

The counter-affidavit, which was filed through Advocate General Vijay Narayan, stated that resignation and disqualification operate in two distinct and independent fields. To support this position, Santhi cited the authoritative ruling of the Supreme Court of India in the Shrimanth Balasaheb Patil case.

According to the government's submission, accepting a legislator's resignation does not absolve them of the consequences of disqualification. This applies specifically to any conduct by the MLAs that was anterior, or prior, to the submission and acceptance of their resignations.

The assembly secretary maintained that because these two legal actions operate independently, the pending disqualification proceedings survive. They remain active and liable to be adjudicated despite the speaker having already accepted the resignations.

Additionally, the counter-affidavit cited other apex court judgments regarding the timing of judicial intervention in such matters. The submission noted that when disqualification proceedings are pending consideration before the speaker, who is exercising quasi-judicial jurisdiction under the Tenth Schedule, judicial review is strictly limited. The court was informed that judicial review of the proceeding is confined only to the stage after a final determination has been made by the speaker.