12. Mr.S.Jeyakumar, S/o. P.C.Subramani, No.2/14. Shanmughapuram, Ponmudi Post- 638 056, Perunthurai Taluk, Erode District. 13. Tmt.P.Sathyabama, W/o.K.Ponnusamy, No.31/6. Anna Nagar, Dharapuram Tirupur District- 638 656. 14. Tmt. K.Maragatham Kumaravel, W/o. S.Kumaravel, No.1/241. Eswaran Koil Street, Senganmal Thaiyur,Kelambakkam Post, Chengalpattu District – 603 103. 15. Dr.E.Subaya @ Esakki Subaya, S/o. S.Esakki Pandian, No.31-70. Utchimakaliyamman Kovil Street, Prancheri, Gopalapuram- 627 451, Cheranmahadevi Taluk, Tirunelveli District. 16. Mr.Anand Alias Munusamy, S/o.Narayanasamy, No.M-401. 4th Floor, Bhaggyam Pragathi Phase-2, Karapakkam, Chennai – 600 097. 17. Mr.Aadhav Arjuna S/o. Rajendran, No. 19-6-3. Gopalakrishna Garden, Maharani Chinnamma Road, Venus Colony, Alwarpet, Chennai – 600 018. ……. Respondents AFFIDAVIT OF THE PETITIONER I am B.Ramkumar Adityan, S/o. R. Balakrishna Adityan & Mrs.Selvarathi, Hindu, aged about 52 years residing at No. 563.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No: 22340 of 2026

B.Ramkumar Adityan,
S/o. Mr.R.Balakrishnan Adityan & Mrs.Selvarathi
No.563, Thoothukudi Road,
Virapandianpattinam,
Tiruchendur Taluk– 628216
Thoothukudi District. …… Petitioner Vs

1. The Secretary,
Ministry of Home Affairs,
North Block,
New Delhi – 110 001.

2. The Secretary,
Ministry of Law & Justice,
4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001.

3. The Chief Election Commissioner,
O/o. Election Commission of India,
Nirvachan Sadan, Ashoka Road, New Delhi – 110 001.

4. The Additional Chief Secretary,
Home, Prohibition and Excise Department,
Government of Tamil Nadu, Chennai – 600 009

5. The Chief Electoral Officer Cum Principal Secretary,
Public (Elections) Department, Government of Tamil Nadu, Chennai – 600 009.

6. The Secretary,
Legislative Assembly Department, Government of Tamil Nadu, Chennai – 600 009.

7. The Director,
Central Bureau of Investigation, Plot No.5-B. CGO Complex, Lodhi Road, New Delhi – 110 003.

8. The Regional Director,
Special Crime Branch,
Central Bureau of Investigation,
No..26. Shastri Bhawan, 3rd Floor, Haddows Road, Shastri Bhavan, Chennai – 600 006.

9. The Director General of Police, Tamil Nadu Police, Dr.Radhakrishnan Salai.
Mylapore, Chennai – 600 004.

10. The General Secretary,
All India Anna Dravida Munnetra Kazhagam(AIADMK),
Puratchi Thalaivar M. G. R. Maaligai
No. 226, Avvai Shanmugam Salai (Lloyds Road) Royapettah, Chennai – 600014

11. The General Secretary, Tamilaga Vettri Kazhagam (TVK) No. 275, Sea Shore Town, 8th Avenue, Panaiyur, Chennai – 600119.

12. Mr.S.Jeyakumar,
S/o. P.C.Subramani,
No.2/14. Shanmughapuram, Ponmudi Post- 638 056,
Perunthurai Taluk, Erode District.

13. Tmt.P.Sathyabama,
W/o.K.Ponnusamy,
No.31/6. Anna Nagar, Dharapuram Tirupur District- 638 656.

14. Tmt. K.Maragatham Kumaravel, W/o. S.Kumaravel,
No.1/241. Eswaran Koil Street, Senganmal Thaiyur,Kelambakkam Post, Chengalpattu District – 603 103.
15. Dr.E.Subaya @ Esakki Subaya,
S/o. S.Esakki Pandian,
No.31-70. Utchimakaliyamman Kovil Street,
Prancheri, Gopalapuram- 627 451,
Cheranmahadevi Taluk,
Tirunelveli District.

16. Mr.Anand Alias Munusamy,
S/o.Narayanasamy,
No.M-401. 4th Floor, Bhaggyam Pragathi Phase-2, Karapakkam, Chennai – 600 097.

17. Mr.Aadhav Arjuna
S/o. Rajendran,
No. 19-6-3. Gopalakrishna Garden,
Maharani Chinnamma Road,
Venus Colony, Alwarpet,
Chennai – 600 018. ……. Respondents

AFFIDAVIT OF THE PETITIONER

I am B.Ramkumar Adityan, S/o. R. Balakrishna Adityan & Mrs.Selvarathi, Hindu, aged about 52 years residing at No. 563. Thoothukudi Road, Virapandianpattinam, Tiruchendur – 628 216, Thoothukudi District now temporarily come over to Chennai do hereby solemnly affirm and sincerely state as under:

1. I am the Petitioner herein and as such I am well acquainted with the facts and circumstances of the case and as such I am competent to swear this affidavit.

2. I respectfully submit that I am an Advocate by Profession. My Aadhar Card No is 8396 5273 9756. My PAN No is AFCPR6979L. My annual Net Income is Rs.6,94,960/– for the Accounting Year 2024-2025 as per my Income Tax Returns. I am filing this Public Interest Litigation on my own accord based on my information and personal knowledge and at my own cost. I have no personal or private interest and any kind of publicity in the matter. I am ready to bear all other costs that I might have to pay at a later stage. According to my knowledge, no other Public Interest litigation arising on the same issue has been filed anywhere. I have not filed any other writ anywhere else on the same cause of action seeking for the same relief. I have already filed some Public Interest Litigations before this Hon’ble Court and the Hon’ble Principal Seat which have brought suitable relief to the aggrieved persons. I have filed Writ Petitions in W.P.No.14986 of 2016,
W.P.No.14986 of 2016, W.P.No.40483 of 2016,
W.P.(MD).No.19826 of 2019, W.P.No.6057 of 2021, W.P.No.6405 of 2021 and W.P.No.12591 of 2021.
3. I respectfully submit that I am a member of the 10th Respondent
Party. I have filed a Civil Suit before the Hon’ble Principal Seat in
CS No.102 of 2022 challenging amendments made in the Original Constitution of the founder on 12.09.2017, 11.07.2022 and 01.11.2021 and subsequent implementation of the Election Results which is pending before this Hon’ble Court.
4. I respectfully submit that the full bench of this Hon’ble Court in
B.Stalin Vs The Registrar, Supreme Court of India in W.P. (MD).No.5709 of 2011, reported in 2012 (4) CTC 113 concluded in Para No.27 (4) Writ petitions can be filed before the Principal Bench at Madras or Permanent Bench at Madurai depending upon the place where the cause of action has arisen. If the cause of action has arisen wholly within the jurisdiction of the Principal Bench or the Permanent Bench, obviously such writ petition can be filed only at the seat of the Principal Bench or of the Permanent Bench as the case may be. On the other hand, if the cause of action arises either wholly or in part within the areas allotted to the Principal Bench at Chennai and the Permanent Bench at Madurai, the writ petition can be filed at any of the places. Hence, I file this Writ Petition before this Hon’ble Court.
5. I respectfully submit that the 16th Respondent is General Secretary of the 11th Respondent Party/TVK and present Member of 17th Tamil Nadu Legislative Assembly and the Returned Candidate from No.24. Thiyagaraya Nagar Legislative Assembly
Constituency. Presently functioning as Minister for Rural
Development and Water Resources, Government of Tamil Nadu.
The 17th Respondent is the General Secretary for Election Campaign Management of the 11th Respondent Party/TVK and present Member of 17th Tamil Nadu Legislative Assembly and the Returned Candidate from No.14. Villivakkam Legislative Assembly Constituency. Presently functioning as Minister for Public Works and Sports Development, Government of Tamil Nadu.
6. I respectfully submit that the 12th Respondent is the Returned Candidate from No.103. Perundurai Legislative Assembly Constituency General Election 2026 who secured 70,302 Votes out of 1,99,874 valid Votes Polled. Dravida Munnetra Kazhagam secured second place with 60,609 Votes and the 11th Respondent Party secured third place with 59,483 Votes. The 13th Respondent is the Returned Candidate from No.101. Dharapuram Legislative Assembly Constituency General Election 2026 who secured
81,100 Votes out of 1,98,886 valid Votes Polled. Dravida Munnetra Kazhagam secured second place with 64,373 Votes and the 11th Respondent Party secured third place with 46,438 Votes. The 14th Respondent is the Returned Candidate from No.35. Maduranthagam Legislative Assembly General Election 2026 who secured 69,284 Votes out of 1,97,454 valid Votes Polled. The 11th Respondent Party secured second place with 62,090 and Dravida Munnetra Kazhagam secured third place with 59,838 Votes. The 15th Respondent is the Returned Candidate from No.225. Ambasamudram Legislative Assembly General Election 2026 who secured 65,589 Votes out of 1,90,135 valid Votes Polled. Indian National Congress secured second place with 55,344 Votes and the 11th Respondent Party secured third place with 53,611 Votes. the 12th to 15th Respondents were contested as a Candidate sponsored by the 10th Respondent Party/AIADMK Party during the Tamil Nadu Legislative Assembly General Election 2026.
7. I respectfully submit that the 3rd Respondent announced the schedule for the election on 15.03.2026 to appoint the 234 members of the 17th Tamil Nadu Legislative Assembly. As per records of the 3rd Respondent 4,023 candidates contested across the 234 constituencies in the state. The polling was held on 23.04.2026 across 75,064 polling stations across 33,133 locations in the state. The 11th Respondent Party, new party Tamilaga Vettri Kazhagam (TVK), founded by Tamil actor C. Joseph Vijay which positioned itself as a rival to the oscillating duopoly of the Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK), emerged as the single largest party amassing 108 seats but could not get the majority (118). The results were declared on 04.05.2026 by the 3rd
Respondent. According to data of the 3rd Respondent

S.No Party Name Seats
1 Tamilaga Vettri Kazhagam(TVK) 108
2 Dravida Munnetra Kazhagam(DMK) 58
3 All India Anna Dravida
Kazhagam(AIADMK) Munnetra 47
4 Indian National Congress – INC 5
5 Pattali Makkal Katchi – PMK 4
6 Indian Union Muslim League – IUML 2
7 Communist Party of India – CPI 2
8 Viduthalai Chiruthaigal Katchi – VCK 2
9 Communist Party of India (Marxist) – CPI(M) 2
10 Bharatiya Janata Party – BJP 1
11 Desiya Murpokku Dravida Kazhagam – DMDK 1
12 Amma Makkal Munnettra Kazagam – AMMK 1
Total 234

8. I respectfully submit that the 11th Respondent Party/TVK Head, C. Joseph Vijay indicated that he planned to take the oath of the Chief Minister’s office on 07.05.2026 at the Nehru Stadium, Chennai and met His Excellency Hon’ble Governor of Tamil Nadu Rajendra Vishwanath Arlekar, and staked a claim to the formation of the new government. However, His Excellency Hon’ble Governor asked C. Joseph Vijay to produce letters of support from 118 MLAs which he thought C. Joseph Vijay did not have. This led to a series of political maneuvering and ambiguity in Tamil Nadu’s politics in the following days.
9. I respectfully submit that the 11th Respondent Party/TVK invited the Indian National Congress MLAs to form a coalition government, which the Indian National Congress accepted. On 08.05.2026, the leftist parties of Tamil Nadu, consisting of Communist Party of India – CPI and Communist Party of India (Marxist) – CPI(M), agreed to provide their MLAs’ unconditional support to the 11th Respondent Party, stressing on the necessity to form a government by the deadline of 10 May to prevent a President’s rule which they dubbed a proxy-BJP regime. The leftist parties affirmed that they would only support “from the outside” but not participate in the government. Following this, Vijay once again met the Governor, for the third time, insisting on being invited to form the state government. Vijay also submitted a letter of support from the lone MLA of Amma Makkal Munnettra Kazagam to the Governor on his third visit, extending support to the 11th Respondent Party/TVK to form the government. Subsequently, T. T. V. Dhinakaran alleged that the 11th Respondent Party had submitted a photocopy of a forged letter and claimed that it was an attempt at horse-trading involving the party’s lone MLA. He later submitted a letter to the Governor disputing the earlier claim. The 11th Respondent Party/TVK denied the allegation and released a video stating that the Amma Makkal Munnettra Kazagam MLA had extended support to the party for government formation. On 09.05.2026, the Viduthalai Chiruthaigal Katchi and Indian Union Muslim League extended unconditional support to the 11th Respondent Party/TVK to form the government.
10. I respectfully submit that with the support of the Indian National Congress, Communist Party of India, Communist Party of India (Marxist), Viduthalai Chiruthaigal Katchi and Indian Union Muslim League the 11th Respondent Party/TVK secured the backing of 120 MLAs, excluding one vacant seat as Vijay had contested and won from two constituencies. Subsequently, Vijay met the Governor along with alliance party leaders and staked claim to form the government. The Governor later appointed Vijay as Chief Minister-designate and directed him to seek a vote of confidence in the Assembly on or before 13.05.2026.
11. I respectfully submit that on 13.05.2026, the government was put through a vote of confidence . The 11th Respondent/TVK government passed the vote comfortably with 144 votes: The 59 Dravida Munnetra Kazhagam’s MLAs and the Desiya Murpokku Dravida Kazhagam MLA staged a walk-out. The Speaker J. C. D. Prabhakar (from the 11th Respondent Party/TVK) does not get to vote, besides Vijay’s vacated Tiruchirapalli East seat, and the MLA, from No.194 Tirupattur Legislative Assembly Constituency, was barred from voting due to an Order of the Hon’ble Principal Seat relating to the counting of votes. Hence, the strength of the 11th Respondent Party/TVK was reduced to 105. Among 47 MLAs of the All India Anna Dravida Munnetra Kazhagam Party, 25 MLAs including the 12th to 15th Respondents voted in favour of the 11th Respondent Party/TVK Government in the Floor Test against the explicit direction (whip) issued by the 10th Respondent party who gave a letter to the Speaker to disqualify them. The result of Floor Test is submitted below.
S.No Party Name In favour Against Abstains Other s
1 Tamilaga Vettri Kazhagam 105 0 0 3
2 Dravida Munnetra Kazhagam 0 0 59 0
3 All India Anna Dravida
Munnetra Kazhagam 25 22 0 0
4 Indian National Congress –
INC 5 0 0 0
5 Pattali Makkal Katchi 0 0 4 0
6 Indian Union Muslim League 2 0 0 0
7 Communist Party of India 2 0 0 0
8 Viduthalai Chiruthaigal Katchi 2 0 0 0
9 Communist Party of India
(Marxist) 2 0 0 0
10 Bharatiya Janata Party 0 0 1 0
11 Desiya Murpokku Dravida
Kazhagam 0 0 1 0
12 Amma Makkal Munnettra
Kazagam 1 0 0 0
Total 144 22 65 3

12. I respectfully submit that the 12th to 14th Respondents on 25.05.2026 submitted their resignations to the Tamil Nadu Legislative Assembly Speaker, who immediately accepted them. Shortly after five minutes, the 12th to 14th Respondents met the 17th Respondent at Secretariat of Government of Tamil Nadu and joined the 11th Respondent Party/TVK. The 17th Respondent immediately handed over the membership Card of the 11th Respondent Party/TVK to the 12th to 14th Respondents. The 15th Respondent on 26.05.2026 submitted his resignation to the Tamil Nadu Legislative Assembly Speaker, who immediately accepted the resignation. Immediately, the 15th Respondent met the 16th Respondent at Headquarters of the 11th Respondent Party/TVK Paniyur, Chennai and joined the 11th Respondent Party/TVK.
13. I respectfully submit that as per the prescribed norms, a candidate contesting in an Assembly election during Legislative Assembly General Election 2026 is permitted to incur electionrelated expenditure up to a maximum limit of Rs.40,00,000/- (Forty Lakhs Only). The 5th Respondent has yet not uploaded the Election Expenses of all the Candidates contested in Tamil Nadu including the 12th to 15th Respondents for Public View. Hence, I am not able to submit exact Election Expenses of the 12th to 15th Respondents.
14. I respectfully submit that the 12th to 15th Respondents contested the elections approximately by spending up to ₹40,00,000/- from their personal funds have resigned from their position as a Member of the Legislative Assembly within ten days of assuming office, they treated that financial sacrifice as trivial and resigned from their posts as Members of the Legislative Assembly and left the 10th Respondent Party.
15. I respectfully submit that the 12th to 15th Respondents have served the 10th Respondent Party/AIADMK with immense dedication for over 15 years. The 12th to 15th Respondents were consistently accorded the opportunity to contest elections on behalf of the 10th Respondent Party. The 12th to 15th Respondents have no valid reason to leave the 10th Respondent Party/AIADMK. The moment 12th to 15th Respondents resigned from their posts as Members of the Legislative Assembly, the 12th to 15th Respondents were immediately, within Five minutes issued the 11th Respondent Party/TVK membership identity cards. When viewed in the context of the events that unfolded at the Secretariat. It becomes abundantly clear that the 11th Respondent Party/TVK is engaging in “horse-trading” in an attempt to increase its tally of legislative members.
16. I respectfully submit that though the 12th to 15th Respondents have switched parties for their own self-interest. This constitutes a murder of democracy. The necessity has arisen to hold byelections in the No.35. Maduranthagam, No.103. Perundurai, No.101. Dharapuram and No.225. Ambasamudram Legislative Assembly Constituencies. This By-Elections alone cost approximately 100 Crore to Public Exchequer. As a result, the taxpayers’ money is being spent unnecessarily. I accept that there is no specific provision of law which enables the Election Commission to recover the expenditure incurred by the State and/or the Election Commission for By-Election from the Returned candidates who resigned. There is no specific prohibition of law to prohibit the resigned Member to contest in the By- Election.
17. I respectfully submit that Schedule 10 of the Indian Constitution, popularly known as the Anti-Defection Law, contains the provisions for the disqualification of Members of Parliament
(MPs) and State Legislatures (MLAs/MLCs) if they defect from their original political party. It was added to the Constitution by the 52nd Amendment in 1985 to curb instability caused by frequent political “party-hopping. An elected or nominated representative can be disqualified from the House under specific conditions:
a. If an elected member voluntarily gives up their membership in the political party they were elected under.
b. If a member votes or abstains from voting in the House against the explicit direction (whip) issued by their political party without obtaining prior permission.
c. If an independent candidate (not set up by any political party) joins a political party after being elected to the House.
d. Nominated members are given a six-month window to join a political party. If they choose to join a political party after this six-month period, they face disqualification.

18. I respectfully submit that Disqualification does not apply in the following scenarios:
a. A legislator will not be disqualified if their party merges with or into another party, provided that at least two-thirds of the legislators in the original party agree to the merger.
b. If a member is elected as the Speaker or Chairman of the House, they may voluntarily resign from their political party to maintain neutrality. They do not face disqualification and can rejoin their party after they step down from the role.

19. I respectfully submit that 25 MLAs of the 10th Respondent Party/AIADMK including the 12th to 15th Respondents votes in favour of the 11th Respondent Party/TVK against the explicit direction (whip) issued by the 10th Respondent party/AIADMK. A letter to the Speaker to disqualify them was given by the 10th Respondent party/AIADMK. During pendency of which the 12th to 15th Respondents voluntarily gives up their membership of the 10th Respondent party/AIADMK and immediately joined in the 11th Respondent Party/TVK. Later the MLAs of the 10th Respondent Party/AIADMK apologiged for their Voting in the Floor Test. Subsequently, the 10th Respondent Party/AIADMK withdrew its disqualification petition on 27.05.2026.

20. I respectfully submit that under India’s Anti-Defection Law (Tenth Schedule of the Constitution), the primary punishment for a disqualified member is the immediate loss of their legislative seat. They are also barred from holding any ministerial or remunerative political posts until they are re-elected. Disqualified individuals are prohibited from being appointed as a Minister or holding any remunerative political post for the remainder of their term, or until they get re-elected. Since, the 12th to 15th Respondents already resigned, If the 12th to 15th Respondents changes party allegiance for monetary benefit or other forms of greed, such as a promise of executive office, should barred from contesting elections for a specified time. The 12th to 15th Respondents are believed to have been promised tickets for the upcoming by-elections on behalf of the 11th Respondent Party.

21. I respectfully submit that I sent a Petition to the 2nd and 3rd Respondents to conduct enquiry by the 7th and 8th Respondents in case of Horse Trading by Politics on 18.12.2025. After resignation
of the 12th to 15th Respondents, I sent my E.Mail Complaint and Postal Complaiant to the Official Respondents on 27.05.2026 to direct the 7th and 8th Respondents to investigate in this resignation matter, not to issue Bye Election Notification for the
No.225 Ambasamudram, No.35 Maduranthagam, No.103 Perundurai and No.101 Dharapuram Legislative Assembly Constituencies until the CBI complete the investigation and take appropriate Criminal action against the 12th to 17th Respondents and other persons under provisions of the Prevention of Corruption Act 1988 as amended in 2018. The Respondents have not acted either way. Hence, I sent another Complaint on 30.05.2027 in this regard. The 12th to 17th Respondents subverts the people’s mandate. The practice is often fueled by illicit, unaccountable wealth and violates ethical standards of governance. It results in fragmented, weak governments where loyalties can change overnight.

22. I respectfully submit that the 12th to 17th Respondents are the high profile dignitaries of the State of Tamil Nadu. Hence, the deployment of the 9th Respondent Men to investigate such complicity of Officials and dignitaries may not result in a fair investigation and dilute, frustrate truth from being revealed and or justice being rendered. Moreover, it is an attack on the Indian Democracy and national importance. The 7th and 8th Respondents are competent to investigate special Crimes committed by highly placed functionaries, MLAs and Ministers, who are vested with Authoritative powers. No effective action has been taken by the
Respondents pursuant to my above mentioned Complaints. Such inaction has necessitated me to approach this Hon’ble Court. Allegations mentioned in my Complaint and other aspects yet not enquired by any agency. It is matter of urgency. Hence, immediate interference of this Hon’ble Court is required. Under these circumstances, I have no other effective and efficacious alternative remedy except approaching this Hon’ble Court by invoking under Article 226 of the Indian Constitution;

Therefore, it is most respectfully prayed that this Hon’ble Court may graciously pleased to issue a WRIT OF MANDAMUS, directing the 7th and 8th Respondents/CBI to investigate the irregularities and Corruption in the matter of resignation of the 12th to 15th Respondents from the Legislative Assembly Membership and joining the 11th Respondent Party/TVK and other relevant allegations and initiate Criminal Proceedings against defaulters under provisions of the Prevention of Corruption Act 1988 as amended in 2018 as requested in my Complaint dated 27.05.2026 and 30.05.2026 within stipulated time and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render Justice.

Solemnly affirmed at Chennai after the contents are explained PETITIONER to him in Tamil and having understood BEFORE ME the same on this 8th day of June 2026.
G.Sureshkumar Advocate,
(Enroll No.325/2010) Cell:94426 11345.
2010.- B.A.B.L.Tirunelveli Law College,
No.38.Law Chamber, High Court, Chennai-104

DISTRICT: TUTICORIN

HIGH COURT: MADRAS
(Special Original Jurisdiction)

W.P. No. 22340 of 2026

WRIT PETITION

M/s. S.SANKAR (16/1999),
S.KRISHNAN (1713/2012),
B.MARIAPPA BABU (1666/2015)
COUNSEL FOR THE PETITIONER
 Cell : 948 656 7132