Plea in Supreme Court Seeks CBI Probe into Alleged Horse-Trading in Tamil Nadu

New Delhi, June 9: A petition has been filed in the Supreme Court seeking a Central Bureau of Investigation (CBI) probe into allegations of horse-trading involving leaders of the ruling Tamilaga Vettri Kazhagam (TVK) and four former AIADMK legislators who resigned from the Tamil Nadu Assembly before joining the party.

The plea, moved by petitioner M. Srinivasan through advocate Achintya Tiwari, seeks directions to the CBI to register a case against TVK General Secretary N. Anand, popularly known as Bussy N. Anand, along with former AIADMK MLAs K. Maragatham Kumaravel, S. Jayakumar, P. Sathyabama, and Esakki Subaya.

According to the petition, the four legislators resigned as MLAs and subsequently joined TVK on May 25 and 26. The petitioner has alleged that the defections were part of an effort to consolidate the ruling party's majority in the Tamil Nadu Legislative Assembly.

The plea requests the apex court to direct the CBI to conduct a comprehensive investigation into the allegations and submit a final report within a time frame fixed by the court.

Demand for Guidelines Against Horse-Trading

Apart from seeking a criminal investigation, the petition has urged the Supreme Court to exercise its powers under Article 142 of the Constitution and frame guidelines to curb political horse-trading after elections.

The petitioner argued that lawmakers who resign without valid, material, and justifiable reasons should face stricter scrutiny. The plea seeks rules governing legislators who either resign from the Assembly or are disqualified by the Speaker in circumstances that may influence the stability of elected governments.

The petition also seeks an interim injunction restraining the four former AIADMK legislators from contesting by-elections—either independently or with the support of any political party—until such rules are formulated.

Political Context

Actor-turned-politician Joseph Vijay took oath as the Chief Minister of Tamil Nadu on May 10, declaring the beginning of "a new era of real, secular, social justice."

The rise of TVK marked a significant political shift in Tamil Nadu. The party emerged as the single-largest formation in the 234-member Assembly with 108 seats, disrupting the decades-long dominance of the DMK and AIADMK.

Although TVK fell short of the majority mark on its own, it secured support from the Congress, Viduthalai Chiruthaigal Katchi (VCK), Communist Party of India (CPI), Communist Party of India (Marxist), and Indian Union Muslim League (IUML), taking its tally to 120 MLAs and enabling it to form the government.

On May 13, the Vijay-led government comfortably won the trust vote in the Assembly with support from 25 rebel AIADMK legislators. The Opposition alleged that the support was secured through horse-trading, a charge that was strongly denied by Vijay and his party.

Legal Questions Raised

The petition is likely to raise significant constitutional and political questions regarding legislative defections, resignations, anti-defection safeguards, and the extent of judicial intervention in matters involving government formation and legislative majority.

If admitted, the case could potentially influence future debates on political defections and post-election realignments across the country.