CHENNAI: The Madras High Court has asked the Election Commission of India to examine the ‘peculiar situation’ of early resignations and come up with a solution to address it and prevent horse trading from recurring.
It stated, "If the people are giving a mandate to an MLA by electing him to the post, he is obligated to serve them"
Division Bench, including Justices SM Subramaniam and K Govindarajan heard a public interest litigation petition filed by advocate K Suthan, of Chennai, seeking to stay the by-elections being conducted in Madurantakam and Dharapuram Assembly constituencies.
The by-elections were necessitated by the resignation of AIADMK MLAs who are now seeking re-election under the ruling TVK. The petitioner prayed for the court to stay the bypolls until his petition seeking to make the resigned MLAs bear the costs of the polls is decided.
The Bench, however, refused to stay the polls, stating that the election process cannot be stopped once it is set in motion.
Referring to the arguments of senior counsel R Singaravelan, the Bench raised certain queries to the ECI as to whether there are any guidelines to deal with the ‘peculiar situation’ of an MLA resigning the post soon after being elected and seeking re-election in the by-election which is necessitated by the very resignation.
“The situation is not governed by law as of now. There is a vacuum as to whether the people’s mandate is rightly utilised or understood, or whether an MLA or an MP, who resigns immediately after being elected, can be allowed to contest again,” it said.
The Bench said that the people, who have given the mandate, that by itself is a constitutional mandate, by electing a particular person as their MLA, have a right to know the information about the candidate.
It asked the ECI whether any such circumstance has arisen in the country already and if it has dealt with such an occasion.
“Forget about the context of resignation; we are not concerned about it. What is the guideline to deal with a situation where the very same MLA who resigned from the post is contesting again in the by-election? It should not be a mockery of democracy,” the Bench remarked.
"It is nothing but ‘insulting the people’ who elected the legislator," the Bench said.
Stating that the common man is entitled to understand what caused the resignation, the Bench said the constitutional courts are empowered to issue directions if any manipulation or corruption comes to their notice regarding the resignations.
The ECI itself can frame guidelines or issue executive orders, whatever it may be.
Standing counsel for the ECI Niranjan Rajagopalan replied that the prayer of the petition can be addressed by bringing in an amendment to the Constitution, given the peculiar scenario.
“We expect you to examine the situation and come out with a solution,” the bench told the ECI.
Following the submission of the Advocate General, Vijay Narayan, that the first bench headed by the Chief Justice, Sushrut Arvind Dharmadhikari, had heard the petitions challenging the resignations and had reserved the orders. The Division Bench directed the Registry to place the petition before the first bench on Friday.