Political realignment doesn’t amount to criminal misconduct: Madras HC

Political Realignment Not Criminal: Madras High Court Dismisses CBI Probe Request

Political realignment doesn t amount to criminal – The Madras High Court ruled Tuesday that abrupt shifts in political allegiance among legislators do not automatically constitute criminal misconduct, thereby rejecting a petition for a Central Bureau of Investigation (CBI) inquiry into the resignations of four All India Anna Dravida Munnetra Kazhagam (AIADMK) members and their subsequent entry into the Tamilaga Vettri Kazhagam (TVK).

Legal Bench Clarifies Criteria for CBI Intervention

A bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan stated that CBI investigations should only be initiated when there is clear evidence of a criminal offense, not based on generalized suspicion or ambiguous claims.

“A sudden change in political loyalty by respondents 12 to 15 may lead to financial challenges during bye-elections, but such actions do not inherently breach the Prevention of Corruption Act without proof of an unlawful exchange of benefits,” the court emphasized.

Background of the Resignations and Party Shift

The petitioner, advocate B Ramkumar Adityan, argued that the four AIADMK legislators—S Jeyakumar, P Sathyabama, K Maragatham Kumaravel, and Dr E Subaya—resigned shortly after the April 23 Tamil Nadu assembly elections, which saw TVK secure 108 seats but fall short of a majority in the 234-member legislature.

During the confidence vote on May 13, these lawmakers allegedly supported the C Joseph Vijay-led TVK government, contradicting the party’s whip. The AIADMK leadership initiated disqualification proceedings, but before they concluded, the four MLAs resigned on May 25 and 26. The speaker accepted their resignations, and they joined TVK shortly after.

Petitioner’s Allegations and Court’s Rejection

The petitioner claimed the legislators would have resigned immediately if not for receiving “monetary inducements” or job guarantees. However, the court deemed the allegations “legally unsound and factually weak,” highlighting the lack of concrete proof to substantiate corruption claims.

It noted that the petition relied heavily on speculation and vague assertions, without presenting any tangible evidence to support the accusations of political horse-trading.

Subsequent Legal Challenges and Hearings

In related cases, the TVK government asserted its intent to conclude disqualification proceedings against the four former AIADMK legislators. Advocate General Vijay Narayan explained that AIADMK had initially targeted 25 MLAs but later withdrew cases against 21, leaving only four for further action.

Narayan added that the assembly speaker, JCD Prabhakar, approved the resignations following Supreme Court guidelines, confirming their voluntariness. The court will address appeals from ML Ravi and Agri SS Krishnamurthy on Wednesday, who argue that accepting resignations while disqualification cases were pending undermined the anti-defection law.