A three-member bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana refused to interfere with a Madras High Court order dismissing the plea filed by advocate K Suthan.
“Somebody resigns and becomes minister, it’s part of the political process,” the bench observed during the hearing. Justice Bagchi also said that the FIR registered in connection with the allegations surrounding the legislators’ crossover should be investigated and that the law would take its course.
The petition challenged the legislators’ resignations and sought measures to prevent elected representatives from circumventing the anti-defection law by resigning and subsequently joining another political party. It also sought an election expenditure security mechanism requiring legislators who voluntarily resign and subsequently contest by-elections to deposit an amount equivalent to the public expenditure incurred on conducting those polls.
