Madras High Court Urges ECI to Curb Party-Switching Resignations

The Madras High Court has called on the Election Commission of India to formulate guidelines to prevent elected legislators from resigning their seats to join different political parties and immediately contesting the resulting by-elections in the same constituencies. During a hearing on a public interest litigation filed by advocate K. Suthan, the court stated that such practices could be a "mockery of democracy" and an insult to the original mandate of the voters.

The petition specifically cited instances where legislators from the All India Anna Dravida Munnetra Kazhagam resigned after assembly elections to join the Tamilaga Vettri Kazhagam. The filing highlighted the cases of candidates Maragatham Kumaravel and P. Sathyabama in Madurantakam and Dharapuram. The petitioner requested the introduction of a cooling-off period for resigning members and sought financial accountability for the costs associated with the resulting by-elections.

While the court declined to stay the current election process, it urged the commission to examine potential safeguards under Article 324 of the Constitution. The proceedings were adjourned to be heard by the bench that had already reserved orders on related resignations.