A functionary of the Tamilaga Vettri Kazhagam (TVK) has approached the Supreme Court, seeking directions for Tamil Nadu Governor Rajendra Vishwanath Arlekar to invite party leader Vijay to form the government and swear him in as Chief Minister. The Public Interest Litigation (PIL) argues that TVK emerged as the single largest party in the Tamil Nadu assembly election and should be invited to form the government, even though it has not yet demonstrated majority support through letters submitted to the Governor.
Key Arguments in the PIL
The plea asserts that the floor of the House is the only legitimate place to test a majority claim. It contends that the constitutional test of majority must take place only on the floor of the House and not through private communications or documents presented before the Governor. The petition states, "Requiring TVK to first produce letters from 118 MLAs before issuing an invitation would invert the constitutional sequence."
Background of the Case
The PIL has been filed by K. Ezhilarasi, an advocate and active member of TVK. The move comes amid an ongoing political deadlock in Tamil Nadu after TVK won 108 seats in the 234-member assembly, falling short of the majority mark of 118. Governor Arlekar had reportedly asked Vijay to furnish proof of majority support before extending an invitation to form the government, leading to uncertainty over the swearing-in process.
Constitutional Concerns
The plea further argues that inviting anyone other than Vijay to form the government would go against constitutional principles and undermine the democratic mandate given by the people of Tamil Nadu. It emphasizes that the constitutional requirement is to invite the single largest party to form the government and test its majority on the floor of the House.
Why TVK Faces Hurdles in Government Formation
Tamil Nadu Assembly elections were held on April 23, with results declared on May 4. The election recorded the highest voter turnout in the state's history at 85.1 percent. TVK, founded by actor-politician Vijay, won 108 seats and emerged as the single largest party. However, it fell short of the majority mark of 118 seats. Outgoing Chief Minister M.K. Stalin of the Dravida Munnetra Kazhagam (DMK) lost his seat from the Kolathur constituency and subsequently resigned. To secure a majority, TVK forged an alliance with Indian National Congress MLAs, who broke away from the DMK-led Secular Progressive Alliance to support Vijay's bid to form the government.
The Supreme Court is yet to schedule a hearing on the PIL. The outcome of this legal challenge could have significant implications for the political landscape in Tamil Nadu.
