What happens when an MLA resigns in Tamil Nadu?
Short answerThe seat becomes vacant once the Speaker accepts the resignation, and the Election Commission should normally fill it by a by-election within six months. Until then the seat has no MLA and the resigning member's party has one member fewer in the House.
Resignation dates against data/by_polls.json (updated 26 September 2026); the law as in Article 190(3) and Sections 70 and 151A.
Step by step
- The MLA writes to the Speaker. The seat becomes vacant when the Speaker accepts the resignation. The Speaker must not accept it if satisfied that it is not voluntary or genuine (Article 190(3)(b)).
- The Assembly tells the Election Commission. On 26 May 2026 the Assembly Secretariat informed the Commission of four vacancies.
- The seat is filled by a by-election. Normally within six months (Section 151A), with exceptions. How a by-election works
- Until then the party has one member fewer. The seat has no MLA, and the party's strength in the House falls by one.
What happened in 2026
Six AIADMK MLAs resigned between 25 May 2026 and 29 June 2026 and joined TVK. Each resignation left a seat vacant:
| Resigned | Seat | MLA | Joined TVK |
|---|---|---|---|
| 25 May 2026 | Madurantakam | K. Maragatham Kumaravel | 25 May 2026 |
| 25 May 2026 | Dharapuram | P. Sathyabama | 25 May 2026 |
| 25 May 2026 | Perundurai | S. Jayakumar | 25 May 2026 |
| 26 May 2026 | Ambasamudram | Dr. Esakki Subaya | 26 May 2026 |
| 16 June 2026 | Viralimalai | Dr. C. Vijayabaskar | 2 July 2026 |
| 29 June 2026 | Karur | M. R. Vijayabhaskar | 2 July 2026 |
Chief Minister Vijay's case is different: he won two seats and gave up one on 10 May 2026. A candidate elected to two seats must give up one within 14 days of the declaration, or both fall vacant (Section 70 of the 1951 Act).
If a TVK MLA resigns
The same steps apply to any party. TVK's number in the House would fall by one until the by-election, and the seat would have no MLA meanwhile. A government continues as long as it has the confidence of the House; one resignation does not by itself end that.
Resignation is not disqualification
Disqualification under the anti-defection law (Tenth Schedule) is decided by the Speaker on a petition. In May 2026 the AIADMK's two factions filed petitions against each other and withdrew them on 27 May 2026.
More: the by-election hub · who is the Speaker.
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Sources
- Constitution of India, Article 190: legislative.gov.in. Representation of the People Act, 1951, sections 70 and 151A: India Code. Dates: the by-election data of this site (reports of 25 May to 29 June 2026).
Page updated 2 October 2026
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