CHENNAI: The Election Commission of India(ECI) has informed the Madras High Court that by-elections to five Assembly constituencies will not be held until the election petitions challenging the victory of successful candidates are decided by the court.
The submission was made by TN Chief Electoral Officer Archana Patnaik before the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice Arul Murugan on Monday when the petition filed by advocate K Venkatachalapathy, of Tirunelveli, came up for hearing.
The CEO filed a counter-affidavit through the union government standing counsel Niranjan Rajagopalan stating ECI’s stand on the issue. The petitions have been filed against victory of CM Vijay in Tiruchy-East, S Jeyakumar in Perundurai, C Vijaya Bhaskar in Viralimalai, MR Vijayabaskar in Karur and Esakki Subaya in Ambasamudram.
The CEO cited Supreme Court judgments which expressly hold that Section 151A (conduct of by-polls) of the RP Act cannot be interpreted so as to render Section 84 of the same Act ineffective and both provisions must harmoniously be construed.
The bench adjourned the hearing and extended the interim stay already granted against holding the polls.