The Madras High Court has refused to dismiss an election petition challenging the 2026 victory of Esakki Subaya in the Ambasamudram assembly constituency. Subaya won the seat on an AIADMK ticket by a margin of about 10,000 votes in the April assembly election. He later resigned as MLA and joined Chief Minister Vijay’s Tamilaga Vettri Kazhagam. A local voter, Kanthimathinathan, filed the petition alleging corrupt practices under sections 123(1) and 123(2) of the Representation of the People Act, namely bribery and undue influence. Subaya had applied to have the petition rejected at the threshold, arguing it disclosed no valid cause of action.
Justice P. B. Balaji held that the essential foundational facts had been pleaded clearly and that they can only be proved or disproved through a full trial. The judge therefore declined to reject the petition and directed that it proceed to trial. At the same time, the court struck out the petitioner’s request to have the runner-up declared elected.
It reasoned that such relief is available only where exactly two candidates contested, whereas the Ambasamudram race had more than two. Legal reporters note that the ruling effectively clears the way for a fresh bye-election in the seat if the petition ultimately succeeds. The case adds to the cluster of legal and political questions around AIADMK legislators who quit after the election and moved to the ruling TVK. Two other seats, Madurantakam and Dharapuram, are already heading to bye-polls on 6 October because of similar resignations. The verdict keeps pressure on defectors and on the TVK government, which governs with the support of Congress, VCK, IUML and Left allies.