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Can Court Ban Resigned MLAs from By-Elections? High Court Questions Legal Amendment Power
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News18•21-09-2026, 13:13
Can Court Ban Resigned MLAs from By-Elections? High Court Questions Legal Amendment Power
- •The Chennai High Court questioned if it can bring a legal amendment to ban resigned MLAs from contesting by-elections.
- •The court raised doubts on its power to amend laws for recovering election expenses from resigned MLAs, stating only Parliament can enact laws.
- •A public interest litigation sought to direct the Election Commission to formulate procedures for recovering election expenses from MLAs who resign and re-contest.
- •The court stated it can question the Election Commission for previous election expense details when an MLA re-contests, but cannot order recovery from them.
- •The High Court also clarified that it cannot impose a ban on MLAs from re-contesting elections for a specific period.
Key Questions Answered
The Madras High Court questioned whether it has the power to bring about a legal amendment, stating that only Parliament can enact laws and the court cannot order the government to do so, nor can it impose a ban on contesting elections or recover past election expenses from candidates.
The petitioner requested that by-elections for the Madurantakam and Tharamangalam constituencies be stayed until the conclusion of the public interest litigation case concerning election expenses and MLA resignations.
The Election Commission stated that it has no role after election results are declared and contended that the public interest litigation filed against resigned MLAs is not maintainable.
