The taint of disqualification does not “vaporise” just because a member submitted his resignation prior to adjudication. The court reasoned that defection related back to the date when a member incurred disqualification, and the submission of a resignation letter does not render a pending or impending disqualification action infructuous. File | Photo Credit: The Hindu A question has been raised in Tamil Nadu as to whether the Speaker can accept the resignation of MLAs while petitions for disqualifying them are pending. The Tamil Nadu Assembly Speaker, J.C.D. Prabhakar, has accepted the resignation of four legislators elected as AIADMK candidates. They have all joined the ruling Tamilaga Vettri Kazhagam (TVK) after their resignations were accepted. The members were part of a group of 25 AIADMK legislators who voted in favour of the TVK government in the recent confidence motion in the Assembly. The AIADMK leadership had earlier sought their disqualification for violating the party’s direction to oppose the motion. However, the acceptance of their resignations may have rendered the disqualification proceedings against them infructuous. Against this …