- Esakki Subaya seeks to continue as MLA or withdraw resignation over representation concerns
- Subaya filed affidavit in Madras High Court amid legal battle on resignation acceptance
- Election Commission cannot hold by-elections for five vacant seats due to pending petitions
An AIADMK leader who had resigned as an MLA and quit the party to join the ruling TVK has now sought permission to continue serving as an MLA or be allowed to withdraw his resignation. Esakki Subaya changed his mind citing concerns that his constituency could be left without democratic representation.
Subaya has filed an additional affidavit before the Madras High Court in connection with the legal battle over the acceptance of his resignation. According to the affidavit, Subaya has sought permission to either continue as an MLA or withdraw his resignation, over concerns that his constituency would be deprived of democratic representation in the absence of an elected MLA.
"My concern is my constituency only. Either there should be an election paving the way for a new MLA or I should be allowed to withdraw my resignation so that the constituency isn't denied its democratic representation," Subaya told NDTV.
The Election Commission told the Madras High Court that despite the resignation of the MLAs, it cannot hold by-elections in five of the seven vacant assembly seats as election petitions challenging the victories of the candidates concerned are pending. This includes Subaya's seat.
The development adds a new dimension to the legal challenge already mounted by the AIADMK against the Speaker's acceptance of the resignations. The party has approached the Madras High Court, alleging that the resignations were hastily accepted amid allegations of horse-trading by the ruling TVK.
The controversy has its roots in a major political revolt in which 25 AIADMK rebel MLAs voted in favour of the minority TVK government, defying the party whip. The AIADMK subsequently sought their disqualification under the 10th Schedule.
While the disqualification petitions remain pending, Speaker JCD Prabhakar accepted the resignations of Subaya and others, following which the government notified their assembly seats as vacant. The Speaker had defended the decision, saying the resignation papers were in order.
AIADMK MP Inbadurai told NDTV that Subaya's latest move strengthened the party's case.
"This violates the 10th Schedule. The Speaker ought to have disqualified them immediately based on the AIADMK complaint. But he conveniently acted only on their resignation. Subaya's present plea only strengthens our case alleging horse-trading," Inbadurai said.
"The Speaker ought to personally interview the candidate putting in his papers, counsel him or her and ensure there is no inducement or it's not a hasty emotional decision. He has failed in this."
The AIADMK maintains that the Speaker should have first decided its disqualification petitions against the rebel MLAs instead of accepting their resignations. It's a Catch-22 situation for these MLAs who resigned from their seats despite winning as AIADMK candidates and switched to the ruling TVK hoping to get re-elected. Caught in a legal tangle, Subaya's fresh stand indicates what some call as mounting desperation.
