New Delhi — The Supreme Court on Monday, October 26 refused to entertain a writ petition against five MLAs of the All India Anna Dravida Munnetra Kazhagam (AIADMK) who resigned and joined Chief Minister C Joseph Vijay-led Tamilaga Vettri Kazhagam (TVK) following the 2026 Tamil Nadu Assembly elections, LiveLaw reported.

Source: LiveLaw

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order in a writ petition filed by M Srinivasan, LiveLaw reported. LawChakra, reporting the same October 26 order, said the bench declined to entertain the challenge in constitutional jurisdiction and kept writ remedies apart from criminal investigation.

Source: LawChakra

5 MLAsFormer AIADMK MLAs named in the petition, LiveLaw reported
3 judgesBench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Article 142Power the petitioner asked the court to use to frame anti-horse-trading rules, LiveLaw reported

Justice Bagchi orally observed that the issue of an MLA resigning to join another party was something political parties could look into and there is 'nothing criminal' about it, LiveLaw reported. When the petitioner's counsel submitted that an FIR is already registered, the judge replied, 'then let the FIR be investigated. Law will take its own course.'

Source: LiveLaw

The petition sought directions to the CBI to register an FIR against former AIADMK MLAs N Anand @ Bussy N Anand, K Maragatham Kumaravel, S Jayakumar, P Sathyabama and E Subaya alias Esakki Subaya for allegedly indulging in horse trading to prove majority in the Tamil Nadu Assembly, LiveLaw reported. Those are the petitioner's allegations; no court has made a finding on them.

Source: LiveLaw

The petitioner also asked the court to frame stringent rules under Article 142 for disqualified or resigned candidates, to recover election expenditure from the MLAs, to make four of them deposit bye-election costs, and to restrain four from contesting the bye-elections, LiveLaw reported. LawChakra noted the petition followed a Madras High Court ruling that resignation and disqualification run on separate tracks and directed the Speaker to decide disqualification petitions within two months; the Supreme Court dismissal leaves that position where it was, and leaves the inducement allegations to the FIR investigation.

Source: LiveLaw / LawChakra

Sources: LiveLaw, October 26, 2026 (published 14:47 IST); LawChakra, 'AIADMK MLAs' Resignations: Supreme Court Dismisses Plea', order date October 26, 2026.