Supreme Court Petition: Invite TVK Chief Vijay to Form Govt* Filed by: Advocate Ezhilarasi, Tamilaga Vettri Kazhagam Filed in: Supreme Court of India | May 2026

by Sekar Reporter · May 8, 2026

*Supreme Court Petition: Invite TVK Chief Vijay to Form Govt*

*Filed by*: Advocate Ezhilarasi, Tamilaga Vettri Kazhagam
*Filed in*: Supreme Court of India | *May 2026*

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*1. What the petition says*
1. *TVK won 108 seats* in April 23, 2026 TN Assembly polls – making it the _single largest party_.
2. *Vijay staked claim* with the Governor to form govt.
3. *Governor’s response*: Not inviting Vijay. Instead asking for _“list of 118 MLAs”_ to prove majority upfront.
4. *TVK’s argument*: This violates the Constitution. Governor must invite the single largest party first. Majority should be tested _on the floor of the House_, not in Raj Bhavan.

*2. Legal basis cited in petition*
1. *S.R. Bommai vs Union of India, 1994*: _“The Assembly is the only place to test majority. Governor must give CM chance to prove majority on floor. Can’t rely on Governor’s subjective assessment.”_
2. *Sarkaria Commission*: In a hung assembly, order of preference = 1) Pre-poll alliance, 2) Single largest party, 3) Post-poll alliance with others.
3. *Karnataka 2018 precedent*: SC cut short 15-day time given by Governor and ordered _immediate floor test_.

*3. Current TN numbers*
Party/Alliance Seats
**TVK** **108**
Congress 5
**TVK + Congress** **113**
DMK 59
AIADMK 47
Others 12
**Majority mark** **118**
*Catch*: Vijay won 2 seats. After resigning 1, TVK effective strength = *107*. With Congress = *112*. Still *6 short*.

*4. What’s happening with Governor*
1. *May 6 & 7*: Vijay met Governor R.V. Arlekar twice.
2. *Governor’s stand*: Unconvinced. Asking for names of supporting MLAs or proof of 118 before invite.
3. *Vijay’s stand*: _“Invite me as single largest party. I’ll prove majority on floor”_.

*5. Political support*
1. *Congress*: Gave letter of support for 5 MLAs. Broke from DMK alliance.
2. *VCK, CPI, CPI(M)*: Publicly urged Governor to invite Vijay per _Bommai_ ruling. CPI/CPI(M) holding state committee meets May 8 to decide.
3. *AIADMK*: Officially _“no support to TVK”_. But reports say ∼30 AIADMK MLAs are open to supporting.

*6. Legal expert opinions*
1. *Abhishek Manu Singhvi*: _“Governor has no alternative but to call single largest party. Shortage of 7-8 seats not relevant. Floor test in 10-12 days will decide.”_
2. *Mukul Rohatgi*: _“Governor duty-bound to invite single largest party. Cannot insist on 118 letters before invite.”_

*7. What SC can do*
Based on _Bommai_ and Karnataka/Maharashtra cases, SC may:
1. *Direct Governor to invite Vijay* to take oath.
2. *Order immediate floor test* within 7-10 days.
3. *Prevent President’s Rule* until floor test happens.

*Bottom Line*: The petition tests a core _Bommai_ principle: _Governor is not a political adjudicator_. In a hung house, he must invite the single largest party and let the Assembly decide majority.

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