Tamil Nadu Hung Assembly: Plea In Supreme Court Challenges Governor’s Refusal To Invite TVK To Form Government

Filed under Article 32 of the Constitution, the petition raises issues concerning constitutional governance, parliamentary democracy and the scope of gubernatorial discretion in cases of fractured electoral mandates.

The plea filed through AoR Dr. G. Sivabalamurugan challenges Press Release No. 35 dated May 7, 2026, issued from Lok Bhavan, Tamil Nadu, through which Governor R N Ravi stated that the “requisite majority support” necessary for formation of government had not been established by the leader of the single largest party.

According to the petition, elections to the 17th Tamil Nadu Legislative Assembly were notified on March 15, 2026, and results declared on May 4 and 5 did not hand an outright majority to any single political party or pre-poll alliance.

The Tamilaga Vettri Kazhagam reportedly emerged as the single largest political party with 108 elected MLAs and staked claim before the Governor to form the government. However, the claim was rejected on the ground that the party failed to demonstrate the requisite majority support.

The petitioner has contended that the Governor’s action effectively terminated the constitutional process of government formation even before the constitution of the Legislative Assembly and without permitting a floor test.

The plea argues that the settled constitutional position, repeatedly affirmed by the Supreme Court, is that legislative majority can only be tested on the floor of the House and not through subjective satisfaction or private verification by the Governor outside the Assembly.

Referring to established constitutional conventions and judicial precedents, the petition states that the Governor’s action is inconsistent with principles laid down in landmark judgments including S.R. Bommai v. Union of India, Rameshwar Prasad v. Union of India, Chandrakant Kavlekar v. Union of India and Shiv Sena v. Union of India.

The petition also relies on the recommendations of the Sarkaria Commission concerning the order of preference to be followed by Governors in inviting parties to form government in a hung Assembly scenario.

According to the petitioner, once the single largest party expressed willingness to form the government and prove majority on the floor of the House, the Governor ought to have allowed the constitutional process to proceed.

The plea seeks directions from the Supreme Court to ensure that the issue of majority support is determined exclusively through a floor test in the Legislative Assembly in accordance with constitutional principles and democratic norms.

Recently, a Chennai-based Advocate and active member of TVK Ezhilarasi P, in a petition before the Supreme Court contended that despite TVK emerging as the single largest party with 108 seats in the 234-member Assembly, Governor has not yet invited Vijay to take oath as Chief Minister.

According to the plea filed through AoR A. Lakshminarayanan TVK secured 108 seats, while the Dravida Munnetra Kazhagam (DMK) won 47 seats. The All India Anna Dravida Munnetra Kazhagam (AIADMK) secured 47 seats, the Indian National Congress (INC) won 5 seats, and other regional parties shared the remaining seats. With Congress extending support, TVK’s tally allegedly reached 113, leaving it five short of the majority mark of 118. The petitioner argued that constitutional conventions and binding Supreme Court precedents require the Governor to first invite the single largest party capable of demonstrating support, followed by an immediate floor test in the Assembly.