The Madras High Court on 24 Sep 2026 dismissed a PIL seeking to bar resigned MLAs from recontesting and to recover by-election costs, holding that only the legislature can make such a law.
The Madras High Court on Thursday, September 24, 2026, refused to stay the by-elections to the Madurantakam and Dharapuram Assembly constituencies, dismissing a public interest litigation that sought to stop former MLAs who resigned their seats from contesting again. The court held that it cannot direct the Election Commission to recover election costs from such candidates, because no law provides for it — and that only the legislature can make such a law.
The PIL was filed by Saidapet-based advocate Sudhan. It argued that taxpayers are made to bear the cost of by-elections when elected representatives resign soon after winning, for political reasons. The petition sought:
| Request | Detail |
|---|---|
| Cost recovery | Directions to the Election Commission to devise a way to recover the cost of such by-elections from the candidates concerned |
| A cooling-off rule | A legal provision to bar legislators who resign shortly after an election, for political reasons, from contesting for a specified period |
| Bar on the two candidates | To stop former MLAs Maragatham Kumaravel (Madurantakam) and P. Sathyabama (Dharapuram) from contesting the by-elections |
| Disclosure | Details of the expenses incurred in holding the by-elections |
Senior advocate Singaravelan, appearing for the petitioner, argued that legislators elected on one party’s ticket should not be allowed to resign and contest for another party, calling it an attempt to get around the anti-defection framework.
The Election Commission opposed the plea, telling the court that no existing legal provision prevents a person who has resigned from contesting an election again. The bench asked how it could order the recovery of election expenses when no statute allows it, and observed that courts can examine whether existing provisions are legal but cannot create new legislation. Noting that there is currently no law authorising the Election Commission to collect compensation from candidates who resign and then contest, the court dismissed the petition and declined to stay the two by-elections (ETV Bharat).
The ruling cleared the last legal question over the October 6 polls in the two seats. Both fell vacant when AIADMK MLAs Maragatham Kumaravel and P. Sathyabama resigned on May 25 and joined the ruling TVK, which has now fielded them as its candidates. The resignations have become the central campaign issue for the AIADMK and the DMK.
The by-elections to five other vacant seats — Tiruchirappalli East, Karur, Viralimalai, Perundurai and Ambasamudram — remain stayed by the High Court because election petitions concerning those constituencies are still pending; final arguments in that matter were listed for September 28.
Source: ETV Bharat (24 September 2026).
By-Election Madras High Court Day 137