The remarks were made during a hearing of a public‑interest litigation filed by Chennai‑based advocate K. Suthan, who seeks to stop the practice of elected MLAs resigning and then seeking re‑election after joining another political party.
Senior counsel R. Singaravelan, representing the petitioner, told the bench that six All India Anna Dravida Munnetra Kazhagam (AIADMK) legislators in Tamil Nadu had quit their seats after the 2026 general elections and joined the ruling Tamilaga Vettri Kazhagam (TVK).
Two of those former AIADMK members – Maragatham Kumaravel and P. Sathyabama – have already been named TVK candidates for the by‑elections in the Madurantakam and Dharapuram constituencies, the very seats they vacated by resigning.
Justice Subramaniam, sitting with Justice K. Govindarajan, said that while a legislator’s right to resign cannot be barred, the problem arises when the same individual seeks to fill the vacancy they created, calling it a "mockery of democracy" and urging the Election Commission to consider detailed guidelines to prevent such occurrences.
Advocate General Vijay Narayan reminded the bench that the High Court’s first Division Bench, headed by Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, had already reserved orders on a separate writ petition challenging the acceptance of the six resignations, indicating that the legal question is already before the court.
The second bench therefore adjourned the PIL to September 18, 2026, so that the matter can be heard by the first bench after the Chief Justice returns from the Madurai Bench, noting that current law does not prohibit resigned MLAs from contesting the by‑polls, and that the petitioner’s request to stall the Madurantakam and Dharapuram elections could not be entertained at this stage.
Counsel for the petitioner warned that, without regulatory intervention, a wave of coordinated resignations could impose a heavy financial burden on the exchequer due to the cost of conducting multiple by‑elections.