'No Material To Show Foul Play': Madras High Court Orally Remarks In Plea Seeking CBI Probe Into AIADMK MLAs' Switch To TVK

The Madras High Court has reserved orders on a plea seeking CBI probe into alleged irregularities and corruption in the manner in which four MLAs from the All India Anna Dravida Munnetra Kazhagam (AIADMK) party resigned from their posts after winning State assembly elections and joined Chief Minister Vijay's Tamilaga Vettri Kazhagam (TVK) party on the same day.

The division bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan said that it will consider the plea and pass orders. It however questioned how a public interest litigation seeking a CBI probe would be maintainable in the case.

The Court pointed out that the petitioner had not produced any material to show any foul play in the matter. The court also orally remarked that only the party could file a plea seeking action against the resigned MLAs and wondered if the plea filed by an individual could be maintained.

"No materials. Not a single page to show this allegation. You have placed judgments of the High Court and Supreme Court and the text of Schedule 10 (of Constitution (Anti-Defection Law)). Based on judgments alone, we can't entertain this petition," the bench orally remarked.

To this, the petitioner submitted that it was difficult for a common man to collect materials regarding these allegations, which is why, he had sought for a probe by the premier agency.

"We don't have resources as a common man. That's why we're seeking an investigation by the highest agency," the petitioner submitted.

Following this, the bench said it will consider the matter.

It may be noted that the results of the Tamil Nadu General Assembly Elections were declared on May 4th 2026, with former actor Vijay's TVK party emerging victorious with the highest number of votes. However, since the party had secured 108 votes, which was less than the majority needed to form a government (118), the party sought support from other political parties. Following this, the TVK formed a government, and a confidence motion was held on the assembly floors on 13th May, in which the party secured 144 votes in its favour.

Ramkumar Adityan, a lawyer and member of the AIADMK Party, has now approached the Madras High Court seeking a CBI probe into alleged irregularities and corruption in the resignation of 4 MLAs who had resigned from the AIADMK party after voting in favour of TVK in the floor test against the AIADMK party's whip.

Adityan alleged that the TVK party was being engaged in horse-trading in an attempt to increase the number of its legislative members. The petitioner argued that the MLAs - S.Jeyakumar, P.Sathyabama, K.Maragatham Kumaravel, and E.Subaya @ Esakki Subaya have resigned from their posts after the elections, causing a "murder of democracy". It was submitted that due to their resignation, there is a necessity for conducting bye-elections, which would cost approximately ₹100 crore.

Adityan submitted that the MLAs who resigned from their post were promised tickets for the upcoming bye-elections on behalf of the TVK party. The petitioner argues that if the MLAs had changed party allegiance for monetary benefit or other forms of greed, such as a promise of executive office, should barred from contesting elections for a specified time

The petitioner further argued that since these MLAs were high-profile dignitaries in the State of Tamil Nadu, an investigation by the Director General of Police may not result in a fair investigation and dilute, frustrate truth from being revealed and/or justice being rendered. Thus, considering the urgency involved in the matter, the petitioner argued that a CBI probe was necessary in the case.

Case Title: B Ramkumar Adityan v The Secretary and Others

Case No: WP 22340 of 2026