Supreme Court to weigh cooling-off rules for resigning legislators and by-election costs
The Supreme Court agreed to hear a petition seeking a five-year ban on MPs and MLAs who voluntarily resign and then contest by-elections, as well as a mechanism to recover election costs.
In New Delhi, the Supreme Court set a date to examine a petition that could impose a five-year prohibition on MPs and MLAs who voluntarily vacate their seats and immediately stand in the ensuing by-elections. Senior advocate Shoeb Alam, appearing for petitioner K Suthan, highlighted the case of six Tamil Nadu legislators elected on an AIADMK ticket who resigned after the results were declared, switched to TVK, and subsequently won the by-elections.
The petitioner seeks statutory disqualification and a financial security scheme to recover the Election Commission’s expenses for these polls. The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, has sent notices to the Centre, the Election Commission and the six resigning legislators. A prior Madras High Court ruling rejected a similar request, deeming it a legislative matter rather than a judicial one.
Why it matters
The decision could reshape how resignations and by-elections are handled, affecting political stability and public spending.
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