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Tamil Nadu Government Formation Row Reaches Supreme Court

by rtvenglish
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A political and constitutional stalemate continues in Tamil Nadu even days after the Assembly election results were declared, with uncertainty persisting over the formation of the next government. The delay comes amid reports that Governor Rajendra Vishwanath Arlekar has insisted that Tamilaga Vettri Kazhagam (TVK) chief Vijay demonstrate a clear majority before being invited to form the government. The issue has now reached the Supreme Court through a writ petition seeking directions to the Governor to invite Vijay to form the government.

The petition was filed by advocate Elilarasi P., who identified herself as a member of the TVK party. She urged the apex court to direct the immediate swearing-in of Vijay as the Chief Minister of Tamil Nadu. The petitioner alleged that the Governor’s approach violates constitutional provisions under Articles 12 and 32 and argued that constitutional principles require the majority to be tested only on the floor of the Assembly rather than through letters or affidavits submitted to the Governor.

Referring to several Supreme Court judgments, including the landmark S.R. Bommai case, and recommendations of the Sarkaria Commission, the petition stated that when no alliance secures an absolute majority, the Governor must first invite the leader of the single largest party with supporting allies to form the government. According to the plea, Vijay, whose TVK emerged as the largest party with Congress support, should have been given the first opportunity to prove majority in the Assembly.

The petitioner also sought an urgent hearing on the matter, expressing concern that the Governor appeared to be considering post-poll alliance formations instead of following established constitutional conventions. The plea stated that any deviation from Supreme Court precedents in inviting parties to form the government could undermine democratic norms and constitutional governance.

In the Tamil Nadu Assembly election results announced on May 4, Vijay-led TVK emerged as the single largest party by securing 108 seats. The DMK won 59 seats, AIADMK 47 and Congress five seats. With Congress support, TVK’s strength rose to 113 seats, falling short of the majority mark of 118 in the 234-member Assembly. Vijay met Governor Arlekar on May 7 and staked claim to form the government, but no party has so far been formally invited to form the administration.

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