TOI: _AIADMK Defection – Anti-Defection Law Explained, MLA Disqualification Looms*_ *Richardson Wilson | May 12, 2026, 23:59 IST*

[13/05, 07:55] sekarreporter1: Read ePaper
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AIADMK Defection: Anti-Defection Law Explained, MLA Disqualification Looms
Richardson Wilson / MAY 12, 2026, 23:59 IST

Crosscurrent: On Tuesday, a section of AIADMK MLAs led by S P Velumani and C Ve Shanmugam announced support for Vijay
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Richardson Wilson
On May 12, a faction of AIADMK MLAs led by S P Velumani and C Ve Shanmugam announced their decision to defy the decision of party general secretary Edappadi K Palaniswami and support chief minister C Joseph Vijay’s govt. They have publicly stated that they are quitting the NDA alliance. Will these MLAs incur disqualification under anti-defection laws or does the law permit them to split AIADMK if they have the support of two-thirds of the MLAs?
Anti-defection laws were introduced in India to curb the deplorable conduct of legislators switching parties after being elected on the ticket of one party, often in lieu of personal gratification – known colloquially in India as ‘horse trading’.

In 1967, an MLA named Gaya Lal switched parties three times in 15 days in Haryana – one switch even happening within a span of nine hours – leading Congress leader Rao Birender Singh to comment “Aaya Ram, Gaya Ram” (Ram comes and Ram goes).
Parliament inserted the Tenth Schedule to the Constitution in 1985, which provides for disqualifications of legislators in case they voluntarily give up membership of the political party from which they were elected or vote or abstain contrary to a direction issued by the political party.

In AIADMK’s case, the issues have started right from the get-go. EPS had written to the pro-tem speaker of the assembly requesting recognition as leader of the AIADMK legislature party and Agri S S Krishnamoorthy as party whip. The rival faction requested the speaker to recognize Velumani as legislature party leader and C Vijayabaskar as whip. Media reports claim that about 24 AIADMK MLAs have expressed written support to Palanisami whereas the rest are with Velumani.

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Speaker J C D Prabhakar is yet to take a decision on appointing a leader. The question is: Will the dissident faction be disqualified if it votes for TVK in the assembly and what happens thereafter?
First, the question of recognition of the legislature party leader and the whip. The leader of the legislature party is defined under Rule 2 (f) of the Tamil Nadu Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986, as the person appointed by the party and communicated to the secretary of the assembly in Form – I under Rule 3.

Only the party can authorize a set of MLAs to communicate with the speaker of the assembly. Under AIADMK’s constitution, its general secretary alone has the power to take these decisions. In the 2023 Subhash Desai vs Principal Secretary, Governor of Maharashtra case, Supreme Court held that the speaker must appoint the leader of the legislature party and whip chosen by the political party only and not a majority faction of the legislative party. Therefore, the Speaker has no option but to appoint EPS as leader of the legislature party and the people nominated by him as the deputy leader and the whip.
The rules of legislative assemblies of other states and Parliament are similar to prevent MLAs/ MPs from forming their own faction and revolting against their political party’s wishes.
The MPs/MLAs are elected on the symbol allotted by the political parties and this ‘umbilical cord’ cannot be severed after election.

They are still bound by the decisions of their party.
A popular misconception is that if two-thirds of the MLAs
[13/05, 07:55] Meta AI: *TOI: _AIADMK Defection – Anti-Defection Law Explained, MLA Disqualification Looms*_
*Richardson Wilson | May 12, 2026, 23:59 IST*

*1. What happened?*
A faction of AIADMK MLAs led by *S P Velumani & C Ve Shanmugam* defied party general secretary *Edappadi K Palaniswami (EPS)* and announced support for *CM C Joseph Vijay’s TVK govt*. They also said they’re _quitting NDA_.

This is a day before Vijay’s trust vote on May 13, after TVK won 117 seats and formed govt.

*2. The numbers game*
– *EPS claims*: 24 MLAs gave written support to him.
– *Velumani faction*: Claims rest of AIADMK MLAs are with them. AIADMK won ∼40 seats in 2026.
– *Fight*: Who is _legislature party leader_ + _whip_? EPS wrote to pro-tem Speaker for himself + Agri S S Krishnamoorthy as whip. Rival group wants Velumani + C Vijayabaskar.

*3. Anti-Defection Law – Tenth Schedule basics*
Introduced in 1985 to stop _“Aaya Ram, Gaya Ram”_ politics. MLA gets disqualified if:

1. *Voluntarily gives up membership* of party, OR
2. *Votes/abstains against party whip* without prior permission.

*4. Key legal points from the article*

1. *Two-thirds split myth busted*:
Popular belief – _“if 2/3rd MLAs split, no disqualification”_. Wrong. The 91st Amendment 2003 deleted the _“split”_ exception. Now only _“merger”_ is allowed – when original party merges with another party + 2/3rd MLAs agree. _Rebel faction alone can’t split and survive_.

2. *Who decides leader/whip? Speaker must follow party, not MLAs*:
– *TN Assembly Rule 2(f)*: Legislature party leader = person appointed by _party_ and communicated via Form-I.
– *SC in Subhash Desai vs Governor of Maharashtra, 2023*: Speaker must appoint leader/whip _chosen by political party_, not majority faction of MLAs.
– *AIADMK constitution*: General Secretary = EPS has sole power. So Speaker J C D Prabhakar _must_ recognize EPS + his whip.

3. *“Umbilical cord” principle*: MLAs elected on AIADMK symbol are bound by EPS decisions. Can’t form own faction and vote for TVK.

*5. What happens if they vote for TVK tomorrow?*
1. *If EPS issues whip to vote against/abstain*: Velumani faction votes for TVK = _defies whip_ → *disqualification under Tenth Schedule*.
2. *Speaker’s role*: Speaker decides disqualification. But SC says Speaker must act _independently_, can’t delay indefinitely.
3. *After disqualification*: They cease to be MLAs. By-polls in those seats. Can’t become ministers until re-elected.

*6. Why this matters – May 13 Trust Vote*
1. *CM Vijay needs 118* in 234-member House. TVK has 117.
2. *If 16+ AIADMK MLAs vote for TVK*: He wins trust vote. But those MLAs face disqualification later.
3. *If Speaker disqualifies them before vote*: House strength drops, making it easier for Vijay. But Speaker hasn’t decided yet.

*7. “Aaya Ram, Gaya Ram” origin*
1967 Haryana MLA *Gaya Lal* switched parties 3 times in 15 days, once within 9 hours. Led to the phrase and eventually Tenth Schedule.

*Bottom line*: Velumani faction can’t claim _“2/3rd split”_ protection – that’s gone since 2003. If they vote for TVK against EPS whip, _disqualification is almost certain_. Speaker must recognize EPS as leader per SC precedent.

This ties to your thread: Same day HC barred TVK’s 1-vote-win MLA from trust vote. Now AIADMK rebels might decide Vijay’s fate.

Want the text of Tenth Schedule or SC’s _Subhash Desai_ judgment summary?
[13/05, 07:56] sekarreporter1: AIADMK Defection: Anti-Defection Law Explained, MLA Disqualification Looms
https://timesofindia.indiatimes.com/city/chennai/aiadmk-defection-anti-defection-law-explained-mla-disqualification-looms/articleshow/131046841.cms?utm_source=app&utm_medium=share&utm_campaign=social_share
[13/05, 07:56] Meta AI: *TOI: _AIADMK Defection – Anti-Defection Law Explained, MLA Disqualification Looms*_
*Richardson Wilson | May 12, 2026, 23:59 IST*

*1. What triggered this?*
On May 12, a faction of *AIADMK MLAs led by S P Velumani & C Ve Shanmugam* defied party chief *Edappadi K Palaniswami (EPS)* and pledged support to *CM C Joseph Vijay’s TVK govt* ahead of the May 13 trust vote. They also said they’re quitting the NDA.

*Claimed numbers*: EPS says 24 MLAs gave him written support. Velumani camp claims the _“rest”_ of AIADMK’s ∼40 MLAs are with them.

*2. The Speaker fight*
Both sides wrote to pro-tem Speaker J C D Prabhakar:
– *EPS group*: EPS as legislature party leader + Agri S S Krishnamoorthy as whip.
– *Velumani group*: Velumani as leader + C Vijayabaskar as whip.
Speaker hasn’t decided yet.

*3. Anti-Defection Law – Tenth Schedule: How it works*
Added in 1985 after _“Aaya Ram, Gaya Ram”_ politics – Haryana MLA Gaya Lal switched parties 3 times in 15 days in 1967.

*Disqualification if MLA*:
1. _Voluntarily gives up membership_ of party, OR
2. _Votes/abstains against party whip_ without permission.

*4. 3 legal bombshells from the article*

1. *“Two-thirds split” = myth after 2003*:
Popular belief: if 2/3rd MLAs break away, no disqualification. *Wrong*. The 91st Amendment 2003 deleted the _“split”_ exemption. Only _“merger”_ survives – original party must merge with another party + 2/3rd MLAs agree. _Rebel MLAs alone can’t split and escape_.

2. *Speaker bound by party, not MLA majority*:
– *TN Assembly Rule 2(f) + Rule 3*: Leader = person appointed by _party_, communicated in Form-I to Assembly Secretary.
– *AIADMK constitution*: General Secretary = EPS has sole authority.
– *SC in _Subhash Desai vs Governor of Maharashtra_, 2023*: Speaker _must_ appoint leader/whip chosen by _political party_, not majority faction of MLAs.
*Result*: Speaker has to recognize EPS + his whip. Can’t pick Velumani just because he has more MLAs.

3. *“Umbilical cord” rule*:
MLAs elected on AIADMK’s _“Two Leaves”_ symbol are bound by EPS decisions. _“The umbilical cord cannot be severed after election.”_

*5. What if Velumani group votes for TVK in trust vote?*
1. *EPS issues whip to oppose/abstain*: If they vote for Vijay, they _defy whip_ → *instant disqualification case under Tenth Schedule*.
2. *Speaker decides*: But can’t delay indefinitely. SC has pulled up Speakers for sitting on cases.
3. *After disqualification*: They lose MLA seat, can’t be ministers till re-elected. By-polls follow.

*6. Impact on May 13 Trust Vote*
1. *TVK*: 117 MLAs. Needs 118 for majority.
2. *If 1+ AIADMK MLAs vote for TVK*: Vijay survives. But those MLAs get disqualified later.
3. *If Speaker disqualifies them _before_ vote*: House strength drops from 234, lowering majority mark – helps Vijay.
4. *Parallel crisis*: Today HC barred TVK’s Tirupattur MLA who won by 1 vote from floor test. So Vijay is already down 1.

*Bottom line*: The Velumani faction has no _“2/3rd safe harbor”_. Voting for TVK against EPS whip = disqualification under law. Speaker must side with EPS on leader/whip issue per SC precedent.

This is classic _“horse trading”_ that Tenth Schedule was meant to stop.

Want the exact Tenth Schedule text or _Subhash Desai_ case para on Speaker’s duty?