Madras HC halts bye-election process for five vacant Tamil Nadu Assembly seats

Follow TNM’s WhatsApp channel for news updates and story links.The Madras High Court, on Friday, July 10, restrained the Election Commission of India (ECI) from issuing notifications for bye-elections to five vacant Assembly constituencies in Tamil Nadu, observing that pending election petitions could create complex legal issues if fresh polls are held before they are decided.A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan passed the interim order while hearing a public interest litigation (PIL) filed by Tirunelveli-based advocate K Venkatachalapathy.The court issued notices to the ECI, the Secretary of the Tamil Nadu Legislative Assembly, the resigned legislators, including Chief Minister C Joseph Vijay, and granted them three weeks to file their counter-affidavits.The five seats fell vacant after Vijay resigned as the MLA from Trichy East, choosing to retain his Perambur constituency. Former All India Anna Dravida Munnetra Kazhagam (AIADMK) MLAs S Jayakumar (Perundurai), Esakki Subbaiah (Ambasamudram), C Vijayabaskar (Viralimalai), and MR Vijayabaskar (Karur) also resigned from the Assembly after joining the ruling Tamilaga Vettri Kazhagam (TVK).The petitioner argued that the vacancies cannot be treated as "clear vacancies" under Section 151A of the Representation of the People Act, 1951, because election petitions challenging the victories of the returned candidates are already pending before the High Court.The Bench observed that if a court were to later declare another candidate as the validly elected MLA after a bye-election had already been conducted, it could result in two individuals claiming the right to represent the same constituency."The premature holding of bye-elections not only inflicts an enormous drain on the public exchequer funded by taxpayers, but also risks a severe constitutional deadlock by potentially yielding two validly elected representatives for a single constituency," the court observed.The judges also rejected the argument that the petitioner lacked the locus standi to file the PIL because he was not a voter in any of the five constituencies. They said issues concerning the fairness of the democratic process should not be dismissed on such technical grounds.Appearing for the Tamil Nadu government, Advocate General Vijay Narayan argued that once an MLA's resignation is accepted, the seat becomes vacant. He contended that if no election petition was pending on the date of resignation, a petition filed later should not prevent the Election Commission from conducting a bye-election. He also argued that voters should not be left without representation for longer than necessary.Senior counsel G Masilamani, appearing for Chief Minister Vijay, argued that the PIL was premature because the Election Commission had not yet announced any bye-elections.Counsel for the Election Commission submitted that in several of the election petitions, notices had not yet been issued and questions regarding their maintainability were still pending.After hearing all sides, the Bench said the legal issues required a more detailed examination. It directed all respondents to file their replies and adjourned the case to July 31.Until then, the Election Commission has been restrained from issuing notifications for bye-elections to the five constituencies.