Despite emerging as the single largest party with 108 seats in the Tamil Nadu Assembly election, Tamilaga Vettri Kazhagam leader Vijay squandered a historic opportunity to smoothly stake claim to government formation after his party reportedly chose the wrong constitutional route before Governor Rajendra Arlekar.
The controversy erupted after TVK, instead of seeking an invitation as the single largest party, reportedly approached the Governor claiming majority support through a post-poll alliance. Under constitutional convention, a post-poll alliance claim requires demonstrated support from at least 118 MLAs in the 234-member Assembly. TVK currently has 108 seats of its own along with support from Congress’s five MLAs, taking the tally only to 113.
Three Possible Routes
Tamil Nadu’s post-election government formation controversy has intensified after Tamilaga Vettri Kazhagam leader Vijay chose the wrong constitutional route to stake claim before Governor Rajendra Arlekar.
According to constitutional conventions, there are broadly three possible routes through which a government can be formed after an election.
The first route applies when a pre-poll alliance secures a clear majority. In such a situation, the Governor may invite that alliance to form the government and facilitate the swearing-in of the Chief Minister.
The second route is when the single largest party stakes claim to form the government. In the present election, TVK emerged as the largest party with 108 seats and could have sought an invitation on that basis.
The third route is the post-poll alliance model, where parties that contested separately after the election come together and demonstrate majority support before the Governor. Under this route, the coalition must show backing from at least 118 MLAs in the 234-member Assembly.
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The controversy arose because Vijay, despite leading the single largest party, reportedly approached the Governor through the third route by claiming post-poll alliance support instead of directly staking claim as the single largest party. However, TVK’s 108 seats combined with Congress’s five MLAs only took the tally to 113, falling short of the majority mark.
This procedural choice weakened TVK’s position and handed the Governor constitutional grounds to seek additional proof of support before inviting Vijay to form the government.
Governor Arlekar’s Statement
Governor Rajendra Arlekar has publicly said he is ready to administer the oath immediately if a claimant satisfies him on numbers, but that he cannot invite someone to form the government merely on assertion. He has also said he is not demanding a parade of MLAs at Lok Bhavan, only verifiable support showing how a party or coalition reaches the majority mark.
The Governor also expressed concern over possible horse-trading if a minority government were sworn in without confirmed support. He warned that prolonged uncertainty could encourage attempts to lure MLAs from rival parties including DMK and AIADMK.
Governor makes it clear
As soon as majority numbers are shown, the next day I am ready to do swearing in, but where is the number ?Not having majority is not just TVK’s problem but Tamilnadu’s problem.
pic.twitter.com/wRi5VO4AMV— Selva Kumar (@Selvakumar_IN) May 7, 2026
Harish Salve Statement
Former Solicitor General Harish Salve has backed that broad view, saying there is nothing unconstitutional in a Governor asking for greater certainty in a fractured mandate and that the Constitution does not automatically entitle the single largest party to be called first. Salve argued that while one Governor may choose to give the leading party a chance, another may reasonably seek support signatures before extending the invitation.
Nothing unconstitutional, TN Governor is following the rules, Harish Salve tells me on my show tonight. pic.twitter.com/VbQ7PLCOJ1
— Shiv Aroor (@ShivAroor) May 7, 2026
Hypocrisy Of Congress
The episode has also made people take a relook at Congress hypocrisy. In Karnataka in 2018, Congress and JD(S) challenged Governor Vajubhai Vala’s decision to invite the BJP as the single largest party, with Congress leaders including Abhishek Manu Singhvi and P. Chidambaram arguing that a majority-backed post-poll alliance should have been preferred and warning that inviting a minority party would encourage poaching.
Had Vijay initially sought government formation strictly as the single largest party, the constitutional and political debate may have evolved differently. Instead, by opting for a post-poll alliance claim without crossing the majority mark, TVK’s leadership triggered a legal and procedural deadlock at the very moment it appeared closest to power. Thus, Tharkuri Vetri Kazhagam seems to have squandered its chances.
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