DMSK Party Moves Madras High Court Against Acceptance Of Resignation Of 3 MLAs Who Quit AIADMK To Join TVK

The Desiya Makkal Sakthi Katchi has moved the Madras High Court, challenging the acceptance of the resignations of three MLAs who quit the All India Anna Dravida Kazhagam (AIADMK) after their victory to join the ruling Tamilaga Vettri Kazhagam (TVK).

The petition challenges the acceptance of the resignations of Maragatham Kumaravel, who won from Maduranthagam Legislative Assembly Constituency, S. Jayakumar, who won from Perundurai Legislative Assembly Constituency, and P. Sathyabama, who won from Dharapuram Legislative Assembly Constituency.

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 government and a confidence motion was held on the assembly floors on 13th May, in which the party secured 144 votes in its favour.

The petitioner submitted that after the conclusion of the election, the AIADMK party split into two factions - one led by General Secretary Edappadi Palaniswami who ruled against TVK and another led by CV Shanmughan who ruled in favour of TVK.

The AIADMK faction led by Palaniswami had submitted petitions before the Speaker seeking initiation of proceedings under the Tenth Schedule against the members belonging to the rival faction. While so, the three MLAs who belonged to the rival faction submitted their resignation to the speaker, which was accepted and a Gazette notification was also published to this effect.

The petitioner argued that the acceptance of resignation during the pendency of disqualification proceedings will frustrate the very purpose of the Tenth Schedule and permits elected members to circumvent scrutiny.

“The acceptance of resignations during the pendency of disqualification proceedings has the effect of frustrating the constitutional purpose underlying the Tenth Schedule and permits elected representatives to circumvent constitutional scrutiny. Such an approach undermines democratic accountability and dilutes the mandate entrusted by the electorate,” the petition states.

The plea thus alleges that the Speaker's acceptance of the resignation amounted to an arbitrary exercise of constitutional power. The plea also states that the action undermines constitutional morality, representative democracy, political accountability and the purity of the electoral process, all of which constitute essential features of the constitutional framework.

The plea thus seeks to set aside the gazette notification and to direct the Speaker to adjudicate the pending disqualification proceedings.

Case Title: Desiya Makkal Sakthi Katchi v Speaker

Case No: WP 90426 of 2026 (Filing Number)