The Madras High Court on Friday restrained the Election Commission of India from issuing notifications for byelections in the Tiruchi East, Perundurai, Ambasamudram, Viralimalai and Karur assembly constituencies until July 31. The order followed resignations by the elected members, whose victories remain under challenge through pending election petitions.
Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan issued the interim direction in response to a public interest petition. The petitioner argued that holding byelections before the petitions are resolved could result in two individuals claiming to represent the same constituencies if the challenges succeed.
The bench heard initial arguments from counsel representing the Chief Minister, the Legislative Assembly Secretary, the petitioner and the Election Commission. Respondents were given until July 31 to file counter affidavits.
The petition claimed that vacancies arising from the resignations cannot be treated as clear under Section 151A of the Representation of the People Act because they depend on the outcome of the election cases. It cited three Supreme Court rulings holding that byelections should not proceed while related petitions remain pending.
All five election petitioners had sought not only to challenge the results but also to be declared the winners. Conducting fresh polls beforehand would create confusion, the petition stated.
The Advocate General noted a distinction between resignations made before and after the filing of petitions. The Chief Minister had stepped down in May, while one rival petition was submitted later. The senior counsel for the Chief Minister questioned the petitioner’s standing and described the plea as premature since no byelection decision had been taken.
The Election Commission counsel said the body had not yet received notices or papers from the five cases. After considering the submissions, the court observed that a strict view of standing was inappropriate in matters affecting democratic integrity. It decided to examine the timing issues more closely before issuing final orders.
