How can CBI be ordered to resign four MLAs without evidence, asks Madras High Court

Aerial view of Madras High Court in Chennai. File | Photo credit: V. Ganesan

The Madras High Court on Tuesday (Jun 16, 2026) questioned how it could order the Central Bureau of Investigation (CBI) to probe the alleged corrupt practices behind the resignation of four AIADMK MLAs who joined the TVK within minutes of it, without any prima facie material to suspect wrongdoing.

First Division Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan told the writ petitioner’s counsel B. Ramkumar Adityan, a Tiruchendur-based advocate, that a CBI investigation cannot be ordered immediately unless the petitioner submits essential materials.

In response, the counsel said that his client had not been able to gather material evidence to prove corruption and that was precisely why he had sought a CBI probe into the issue. Without agreeing to his filing, the justices decided to issue detailed orders on the motion later in the day.

Mr. Adityan said in his affidavit that Maragatham Kumaravel, S. Jayakumar, P. Sathyabama and E. Subaya alias Esakki Subaya, who represented Madurantakam, Perundurai, Dharapuram and Ambasamudram constituencies, resigned as MLAs on May 22 and TV on May 25.

The court was informed that the four former MLAs were part of a larger group of 25 AIADMK MLAs who defied their party whip and voted for the TVK government during the trust vote called by Chief Minister C. Joseph Vijay on the floor of the Assembly on May 13.

Even as the application for initiation of disqualification proceedings against them was taken up before Tamil Nadu Legislative Assembly Speaker JCD Prabhakar, the first three MLAs resigned on 25 May and joined the TVK within minutes of submitting their resignations and the fourth MLA Mr. Subaya followed on 26 May.

“When viewed in the context of the events that transpired… it is abundantly clear that the 11th respondent/TVK party is engaging in horse-trading in an attempt to increase its number of legislators… This amounts to murdering democracy,” the petitioner’s affidavit said.

Complaining that public money would have to be wasted on holding by-elections for four constituencies just because the elected representatives resigned within a fortnight of their election, the complainant insisted on ordering a CBI inquiry to reveal the truth behind the entire episode.

He appointed the general secretaries of AIADMK and TVK as respondents to his writ petition, besides pleading all four former MLAs in their individual capacities and also making senior ministers ‘Bussy’ Anand alias N. Anand and Aadhav Arjuna parties to the case in their individual capacities.

Published – June 16, 2026 12:18 PM IST