A TVK functionary approached the Supreme Court seeking directions to Tamil Nadu Governor Rajendra Vishwanath Arlekar to invite Vijay to form government and swear him in as Chief Minister after TVK emerged largest party without securing support in polls.
A functionary of Tamilaga Vettri Kazhagam (TVK) has moved the Supreme Court seeking directions to Tamil Nadu Governor Rajendra Vishwanath Arlekar to invite actor-politician Vijay to form the government and administer the oath of office to him as Chief Minister.
The Public Interest Litigation (PIL) has been filed against the backdrop of continuing political uncertainty in the state following the recent Tamil Nadu Assembly elections. In those elections, TVK emerged as the single largest party but did not secure the majority required to form the government on its own.
The Petition:
In its plea, the petitioner states that TVK won 108 seats in the 234-member Assembly, making it the largest party in the House. However, it falls short of the 118 seats needed to claim an absolute majority independently.
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The plea also argues that, even if adequate support has not been conveyed to the Governor through formal letters from legislators, the Governor should still invite Vijay to form the government and allow him to test his claim on the floor of the Assembly.
The plea stated,
“The floor of the House is the only legitimate place to test a majority claim,”
The petition further contends that constitutional conventions and judicial precedents require that the question of majority be determined only through a floor test in the Assembly not through private correspondence or written assurances provided to the Governor.
The plea further states,
“Requiring TVK to first produce letters from 118 MLAs before issuing an invitation would invert the constitutional sequence,”
The PIL has been filed by K. Ezhilarasi, who has described herself as both an advocate and an active member of TVK. The petitioner argues that inviting any other party or alliance to form the government before giving TVK an opportunity would violate democratic principles and disregard the mandate given by voters to TVK as the largest party in the Assembly.
In its plea, TVK has urged the Supreme Court to recognise Vijay’s right to stake a claim first and to treat the floor test as the proper constitutional mechanism. The petition claims that inviting someone other than Vijay to test the claim to power would undermine constitutional morality and the democratic verdict in favour of TVK as the single largest party.
Background: Vijay stakes claim amid suspense
Actor-turned-politician C Joseph Vijay marked a political breakthrough in Tamil Nadu after TVK emerged as the single largest party. Yet, almost five days after vote counting concluded, the state still does not have clarity over who will ultimately form the government.
The Supreme Court plea comes after a political standstill following election results declared on May 4. The elections were among the most closely watched in recent years, with voting held on April 23, and a record voter turnout of 85.1% the highest in the state’s electoral history.
TVK secured 108 seats 10 short of the majority mark while the Congress party, which won five seats, has extended support to Vijay. Still, Vijay is said to require backing from at least five additional legislators to reach 118. The outcome disrupted the longstanding electoral dominance of the DMK and AIADMK in Tamil Nadu politics.
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No official confirmation has emerged regarding where the extra support would come from. Meanwhile, Vijay met Governor Rajendra Vishwanath Arlekar on Wednesday and formally staked claim to form the government. He reportedly met the Governor again on Thursday as discussions on government formation continued.
A few hours after the second meeting, the Governor’s office issued a press statement clarifying that:
“the requisite majority support in the legislative assembly, essential for forming the government, has not been established”.
According to multiple media reports, Governor Arlekar has asked Vijay to submit proof that he has the support of at least 118 MLAs before he can be invited to form the government.
The matter is expected to raise constitutional questions regarding the extent of a Governor’s discretion in inviting parties to form governments in a hung Assembly, and the significance of floor tests in determining legislative majority.
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