Resigned MLAs seeking re-election in bypolls may amount to insulting voters: Madras High Court judge
A Madras High Court judge has suggested that MLAs resigning to switch parties and recontest in bypolls is an insult to voters. The court has urged the Election Commission to consider creating guidelines to prevent this practice.
Why it matters
This addresses the ethical and democratic implications of political defections and the potential for electoral manipulation in Indian state politics.
An elected Member of the Legislative Assembly (MLA) resigning his/her post only to recontest on behalf of another political party in the consequent bye-election may amount to insulting the voters and the choice they had made at the first instance, said Justice S.M. Subramaniam of the Madras High Court on Wednesday (September 16, 2026).
Presiding over the second Division Bench, along with Justice K. Govindarajan, the seniormost judge of the High Court asked why the Election Commission of India (ECI) should not examine the issue in detail and come up with guidelines, by exercising its powers under Article 324 of the Constitution, to prevent this “mockery of democracy.”
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