Chennai: The Election Commission has told the Madras High Court that the petition filed by Chief Minister Vijay and the former MLAs’ side, seeking an order directing the Election Commission to conduct by-elections for 4 constituencies including Tiruchi East, should be rejected.
Venkatajalapathi from Tirunelveli had filed a public interest litigation in the Madras High Court seeking a ban on announcing by-elections for the constituencies of Tiruchi East, Ambasamudram, Perundurai, Karur, and Viralimalai, where election cases are pending.
After hearing this case, the High Court had issued an order on July 10 imposing a ban on announcing by-elections for all 5 constituencies.
When the case came up again today before the bench of Chief Justice Dharmadhikari and Justice G. Arulmurugan of the High Court, the written submission filed on behalf of the Election Commission stated, “The failure to announce a by-election is not permanent. Once the High Court concludes the case, an election will be held. The election case concerning the Perundurai constituency was dismissed on the 8th.
Therefore, the Perundurai constituency is currently vacant. In this matter, since there is time until Nov. 24 for an appeal, the Election Commission should be allowed to take a decision in accordance with the law with respect to that constituency.
Section 151(A) of the Representation of the People Act does not say that an election must be held on the very first day the constituency is declared vacant. It has provided a six-month period. In an election petition, while a case filed seeking a declaration that one is the elected candidate is pending, that constituency cannot be treated as vacant.
The Election Commission recognizes that every constituency must have a representative. The Representation of the People Act also says that election petitions must be heard and disposed of within six months, and that by-elections must be held within the same period.
If this court is of the view that election cases should be disposed of expeditiously, the Election Commission welcomes it.
The Election Commission has not stated any reason regarding the resignation of the MLAs. After the High Court delivers its decision in the election case, an announcement will be made regarding holding by-elections in four constituencies, including Tiruchi East.
The request of the respondents, including Chief Minister Vijay, that the Election Commission should be directed to conduct by-elections should be rejected. An order should be issued to dispose of election cases expeditiously,” the Election Commission stated in that argument.
During the hearing of this case, it was argued on behalf of Chief Minister Vijay, M.R. Vijayabaskar, C. Vijayabaskar, and Isakki Subbiah that a by-election should be held.
On behalf of the Trichy East DMK candidate Inigo Irudayaraj, it was argued that a by-election should not be held since the election case is pending. This case was adjourned by one day for the Election Commission's arguments.
