‘Atrocious’: Supreme Court stays Madras High Court order barring TVK MLA from floor test

The Madras High Court, on May 12, had restrained Sethupathi, who won the Tamil Nadu Assembly elections from Tiruppattur district by one vote, from voting or taking part in the floor test of the legislative assembly.

TVK MLA Appeal Live Hearing Updates: The Supreme Court on Wednesday stayed the Madras High Court’s order barring Tamilaga Vettri Kazhagam (TVK) MLA R Seenivasa Sethupathi from voting or taking part in the floor test of the Tamil Nadu Assembly. The development paves way for Sethupathi to take part in the floor test of the legislative assembly.

“They pray for and are granted two weeks’ time to file counter affidavits. Rejoinder affidavit be filed within two weeks thereto. List thereafter. In the meantime, the effect and operation of the impugned order shall remain stayed and further proceedings before the High Court in pending writ petition shall also remain stayed,” the Supreme Court order read.

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The top court passed the order while hearing the plea filed by Tamilaga Vettri Kazhagam (TVK) MLA R Seenivasa Sethupathi challenging the Madras High Court order restraining him from voting or taking part in the floor test of the Tamil Nadu Assembly. A three-judge bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi heard the matter today.

Madras High Court Order: The Madras High Court had yesterday restrained Sethupathi, who won the Tamil Nadu Assembly elections from Tiruppattur district by one vote, from voting or taking part in the floor test of the legislative assembly. A bench of Justices L Victoria Gowri and N Senthilkumar had passed the interim order on a plea filed by K R Periakaruppan, who is a leader of Dravida Munnetra Kazhagam (DMK). Periakaruppan had lost the election to Sethupathi by one vote. Periakaruppan had alleged irregularities and discrepancies in vote counting.

“There shall be an order of interim injunction restraining the sixth respondent/returned candidate from voting or otherwise taking part in any floor test, including confidence motion, no-confidence motion, trust vote or any voting proceeding in the Tamil Nadu Legislative Assembly where the numerical strength of the House is tested, until further orders of this Court,” the Madras High Court ordered.

Live Updates
May 13, 2026 12:01 PM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing ends

Rohatgi: Yakub Memon was heard 2am in this courtroom.

Hearing concludes

May 13, 2026 11:58 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Exchange

Rohatgi: DMK has walked out of the vote which is in his favour.

Bench: We are concerned about the validity of the order passed. Nothing to do with AIADMK, DMK or BJP is not our concern.

Singhvi: Saturday night a petition writ 226 is filed. How on earth does the Madras HC list it on Sunday. The matter is heard for 2 hrs.

May 13, 2026 11:49 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Bench dictates order

Bench: The counsel for respondent is granted two weeks time to file counter affidavit. Petitioner will have two weeks thereafter to file a rejoinder affidavit. In the meantime the effect and operation of the impugned order shall remain stayed. Further proceedings before the High Court in the pending writ petition shall also remained stayed.

May 13, 2026 11:44 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Bench passes order

Bench: File counter, the operation of impugned order stall remain stayed

Breaking- Supreme Court stays Madras High Court order

May 13, 2026 11:42 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Rohatgi: In constituency number 50 it transpired that a postal ballot meant for this constituency reached that constituency. It was in my favour but it was discarded by the returning officer because it did not belong to that constituency. He should have according to me like a wrong postal address sent it to the correct postal address. Had it come to the correct postal address then there would have been a tie...In the counter filed by them they say that there is no provision, under law it has never happened for 75 years that this type of conundrum has occurred, namely, what has meant here has gone to somewhere else.

Bench: How much time you need to file counter?

Rohatgi: There are cases where this court has intervened in writ petition.

May 13, 2026 11:41 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Rohatgi: Allow me to state the facts. This is constituency number 185. There is a constituency of the same name which is constituency number 50. In this election I lost by one vote.

May 13, 2026 11:41 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Bench: You want a reasoned order on the stay also?

Rohatgi: Yes

Bench: Reasoned order on the stay, commenting on the action of the high court. This is atrocious to say the least. The high court judge says that remedy is election petition still entertains 226.

Rohatgi: No remedy is not an election petition.

Bench: Alright then argue. Are you sure, read para 20.

Rohatgi reads

May 13, 2026 11:40 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Rohatgi: Case is this that I lost by one vote. The election process is gone through, declaration of results have happened, I have lost by one vote. This is constituency number 185

Bench: So you go under 226? What is this? How do you file a 226?

May 13, 2026 11:39 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Senior advocate AM Singhvi appears for petitioner and senior advocate Mukul Rohatgi appears for respondent

Bench: We will hear Mr. Rohatgi first.

Singhvi: The only problem is Mr. Rohatgi will say floor test has started. Your lordships have passed strictures against judgments. If there is one judgment that deserves strictures it is this.

May 13, 2026 11:38 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Hearing begins

Bench takes up the matter for hearing

May 13, 2026 11:35 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Item 39

3-judge bench to take up the matter shortly

May 13, 2026 11:07 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Item 39

Bench has assembled. The matter is listed as item number 39, court is currently hearing item 6.

May 13, 2026 10:26 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Matter mentioned yesterday before SC

Senior Advocate A M Singhvi had mentioned the matter before the CJI yesterday who then agreed to list the matter.

May 13, 2026 10:18 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Madras HC order

DMK leader K R Periakaruppan in his plea before Madras High Court had alleged that one postal ballot allegedly belonging to Tiruppattur Assembly constituency was rejected in another constituency instead of being transmitted to the competent returning officer.

The high court had noted that, “In an election decided by one vote, every vote is not merely relevant; it is potentially determinative. The petitioner’s grievance regarding the postal ballot is not a mere request for recount. It is a complaint that a vote allegedly belonging to one constituency was dealt with by an authority of another constituency".

The high court further added that if this allegation is ultimately found to be correct, the matter would not merely involve an error of counting, but a jurisdictional defect in the handling of a valid electoral record.

May 13, 2026 10:09 AM IST
TVK MLA Plea Supreme Court Hearing Live Updates: Bench

A three-judge bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi will shortly hear the matter.

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