Chennai, September 24 (Daily Kiran) : The Madras High Court has dismissed a petition that sought to impose financial penalties on legislators who resign for political reasons, preventing them from contesting subsequent by-elections for five years. The court stated that the changes requested by the petitioner would require legislative action, which falls under the purview of Parliament or the state assembly.
The petition was filed by Sudhan, a lawyer from Saidapet in Chennai. He argued that legislators who resign shortly after winning elections disrespect the mandate given by voters and burden the public with the costs of additional elections.
Sudhan urged the court to direct the Election Commission to establish a process requiring former legislators to pay for by-elections when filing their nomination papers. He also sought a legal amendment to bar resigning legislators from contesting elections for five years.
As an interim measure, he requested the court to halt by-elections in the Madurantakam and Dharapuram constituencies until a decision was made on his petition.
The case was heard by Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan. During the proceedings, the petitioner raised concerns about elected representatives resigning within two weeks of their victory and subsequently running again as candidates for different parties.
He contended that those legislators should be held accountable for the associated costs of such elections. Despite his arguments, the Election Commission opposed the petition, stating that it had no role in a legislator’s decision to resign after results are declared. The Commission also argued that the petition was not suitable for court consideration.
After hearing all arguments, the bench questioned whether it could mandate changes to election laws as requested. The court reserved its decision and ultimately dismissed the petition.
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