Supreme Court rejects plea against AIADMK MLAs who resigned to join Vijay's TVK
- Case
- Not stated in source
- Bench
- Justices Sanjiv Khanna and Dipankar Datta
- Source
- Bar & Bench
The Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, rejected a plea challenging the acceptance of resignations of AIADMK MLAs who joined Vijay's TVK. The Court affirmed that the Speaker's decision to accept resignations cannot be challenged if the resignations were voluntary and genuine.
Ratio Decidendi · Legal Principle Established
A Speaker's decision to accept the resignation of a Member of Legislative Assembly cannot be challenged if the resignation is found to be voluntary and genuine, as the Speaker is the ultimate authority to decide on such matters.
Practice & Procedural Impact for Advocates
Advocates challenging a Speaker's decision on MLA resignations must demonstrate that the resignations were not voluntary or genuine. Litigants should be aware that the Supreme Court gives significant deference to the Speaker's assessment of voluntariness in such cases.
Key Legal Takeaways
- 1The Supreme Court upheld the Speaker's authority to accept MLA resignations.
- 2Challenges to accepted resignations require proof of involuntariness or lack of genuineness.
- 3The Court will not interfere with a Speaker's decision if resignations are voluntary and genuine.