Madras High Court bars plea against resigned MLAs contesting bypolls

The Madras High Court has rejected a plea challenging the eligibility of resigned MLAs to contest in bye-elections triggered by their own resignations. A bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan declined to impose restrictions on such candidates, effectively clearing the path for their participation in the electoral process.

The petitioner had sought judicial intervention to bar MLAs who voluntarily resign from standing as candidates in the resulting bye-elections. The plea raised questions about whether allowing such candidates would undermine the constitutional spirit and create perverse incentives for politicians to exploit the resignation-recontest mechanism.

In its dismissal order, the bench observed that any legislative framework governing the conduct of resigned MLAs and their eligibility criteria was a matter for Parliament to deliberate upon and decide. The court refrained from imposing judge-made restrictions, citing the separation of powers doctrine and the primacy of the legislative branch in framing electoral rules.

The ruling allows MLAs to resign from their seats and subsequently contest in the bye-elections without legal impediment. Constitutional experts note that the decision underscores the judiciary's reluctance to intervene in electoral matters that lack explicit statutory prohibition, leaving such policy questions to elected representatives.