What Will Happen If All TVK MLAs Resign? Top 3 Scenarios

Actor-turned-politician Vijay, whose party TVK emerged as the single-largest party in Tamil Nadu in its debut elections, has reportedly warned that his 108 MLAs will resign if the Dravida Munnetra Kazhagam (DMK), led by MK Stalin, or the All India Anna Dravida Munnetra Kazhagam (AIADMK), headed by Edappadi K. Palaniswami, attempts to stake a claim to form a government. What would be the likely political scenarios if all TVK MLAs resigned?

The dramatic warning came amid intense political negotiations following the Assembly results. The TVK maintains that it has the moral and democratic right to be invited first to form the government. However, Tamil Nadu Governor RV Arlekar hasn't invited Vijay to stake a claim, citing a lack of majority.

Vijay has reportedly presented a support of 113 MLAs, including five from the Congress, but the Governor has insisted that the actor-politician must muster the backing of 118 MLAs.

The TVK chief has promised to prove his majority during the floor test. The Governor, however, isn't convinced, which could throw the state into a potential political crisis.

The standoff has sparked a wider constitutional debate, with several legal experts questioning the Governor's position, citing the landmark Supreme Court verdict in the SR Bommai vs Union of India case, where the court affirmed that the floor of the Assembly is the sole authority to test a government's majority, not the subjective opinion of the Governor.

If TVK MLAs were to resign en masse, it could trigger a series of constitutional, political, and electoral consequences.

Also read: Vijay Finally Has Majority, Left And VCK To Extend Support To TVK: Sources

An Alliance With AIADMK

Senior Advocate Sidharth Luthra explained to NDTV that in case TVK, which has emerged as the single largest party, does not form the government, a coalition between AIADMK and DMK can form one.

Bypolls For 108 Vacant Posts

If the possible resignations of the TVK MLAs are accepted by the Governor, then these posts will become vacant.

Senior Advocate Rakesh Dwivedi told NDTV that elections to 108 TVK seats will be held in this scenario.

Senior Advocate Luthra also agreed that the bypolls can be announced on 108 seats, which will fall vacant once TVK MLAs resign.

Also read: AIADMK-DMK Tie-Up Buzz Amid Vijay Suspense: What's Next For Tamil Nadu?

What Happens If No Party Forms The Government?

Senior advocate Rakesh Dwivedi explained to NDTV that unless DMK and AIADMK form a government, the Assembly will be dissolved and fresh elections will be ordered.

Past instances of a hung assembly have shown that, generally, the Governor invites the leader of the single-largest party to form the government or the parties claiming majority through pre-poll or post-poll alliances.

If no party is unable to show a majority in the prescribed time period, and there is no other coalition to stake a claim, the Governor will dissolve the Assembly and call for re-election as a last resort. In the meantime, a President's Rule will be imposed on the state.