CHENNAI: In a significant order having political ramifications in Tamil Nadu, the Madras High Court has temporarily restrained the Election Commission of India (ECI) from issuing notifications for holding by-elections to five of the Assembly constituencies which have fallen vacant following the resignations of Chief Minister C Joseph Vijay as MLA from Tiruchy East seat and four AIADMK legislators who defected to the TVK.
The interim order was passed by the first division bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan on Friday on a public interest litigation (PIL) petition filed by advocate K Venkatachalapathy.
The petitioner prayed for the court to bar the ECI from notifying the vacancies of Tiruchy East, Perundurai, Ambasamudram, Viralimalai and Karur Assembly segments as “clear vacancies”, and from holding the bypolls until the election petitions, seeking to declare the victory of the successful candidates null and void, are decided by the court.
The bench said, “Till then (July 31) the first respondent/ ECI is restrained from issuing any notification for by-election in respect of the constituencies where the returned candidates resigned, as asserted in the writ petition.”
Advocate V R Shanmuganathan, appearing for the petitioner, submitted that these constituencies cannot be declared “clear vacancies” and the by-elections cannot be held since the election petitions, filed under Section 84 of the Representation of the People Act, challenging the victory of successful candidates are pending.
If the bypolls are held before the election petitions are decided, a situation could arise where the constituencies may have two MLAs – one elected in the bypolls and the second based on the judgment of the election petitions.
Advocate General Vijay Narayan explained that the Supreme Court had made a distinction between resignation pending election petition and resignation when there is no election petition.
He noted that the CM, C Vijaya Baskar and S Jayakumar had resigned even before the election petitions were filed, but M R Vijayabhaskar had tendered resignation after the election petition was filed in the court. He said the ECI cannot be restrained from holding the bypolls because the electors have a right to have their representative.
Appearing for Vijay, senior counsel G Masilamani questioned the locus standi of the petitioner to scuttle the by-elections by sitting in a corner of the state.
Referring to the contentions, the bench said it is of the view that in matters touching upon the purity of the democratic process, a narrow and pedantic interpretation of locus standi cannot be applied.
“The premature holding of by-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,” it stated.
Directing the respondents, to file counter-affidavit to the petition, the bench adjourned the hearing to July 31.