A writ petition has been filed before the Supreme Court seeking directions to the Governor of Tamil Nadu to invite actor-turned-politician C Joseph Vijay, chief of Tamilaga Vettri Kazhagam (TVK), to form the government in the State and administer the oath of office to him as Chief Minister of Tamil Nadu, following the recently concluded Assembly elections.
Filed by Advocate Ezhilarasi P, who claimed to be a member of TVK, the petition contended that TVK emerged as the single largest party in the 234-member Tamil Nadu Legislative Assembly after securing 108 seats in the Assembly elections, the results of which were declared on May 4, 2026.
The Dravida Munnetra Kazhagam (DMK) secured 59 seats, while All India Anna Dravida Munnetra Kazhagam (AIADMK) won 47 seats and the Indian National Congress (INC) obtained five seats. With Congress extending support to TVK, the alliance’s strength allegedly rose to 113 seats, five short of the majority mark of 118, noted the plea.
It further stated that Vijay met Governor Rajendra Vishwanath Arlekar on May 7 and formally staked claim to form the government. However, according to a press release issued by Raj Bhavan, the Governor allegedly informed Vijay that the requisite legislative majority necessary for government formation had not yet been demonstrated.
Challenging the Governor’s stance, the plea contended that constitutional conventions and settled judicial precedents required the Governor to invite the single-largest party capable of demonstrating support and thereafter direct a floor test on the floor of the Assembly.
The petitioner argued that insistence on prior proof of majority before invitation would be contrary to established constitutional procedure and democratic principles. He asserted that the Floor of the Legislative Assembly was the only constitutionally recognised forum for testing majority support and that letters of support or representations submitted before the Governor could not substitute a floor test.
In support of its submissions, the plea relied on the landmark Supreme Court judgments, including S. R. Bommai v. Union of India, Jagdambika Pal v. Union of India, Shivraj Singh Chouhan v. Speaker, Madhya Pradesh Legislative Assembly and other decisions dealing with government formation, floor tests and constitutional conventions governing gubernatorial discretion. The petition further placed reliance on the recommendations of the Sarkaria Commission regarding the order of preference in inviting political parties or alliances to form governments.
As per the petitioner, the established constitutional position mandates that where no pre-poll alliance commands a clear majority, the Governor should first invite the single largest party capable of securing legislative support. He argued that since TVK had already submitted its claim with the Congress’ support, it was constitutionally entitled to the first opportunity to form the government.
The petition also expressed apprehension, based on media reports, that the Governor may invite post-poll coalition formations instead of the single largest party. It was contended that such a course would violate settled constitutional jurisprudence and undermine representative democracy. The petitioner sought urgent listing and hearing of the matter before the Supreme Court.
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