CHENNAI: The deferment of bye-elections in the Assembly constituencies is neither indefinite nor indiscriminate, said the Election Commission of India in the Madras High Court during the hearing of the petition against conduct of the bypolls in the constituencies, regarding which election petitions challenging the victory of the winners are pending.
The ECI also said bye-election to a constituency cannot be held if the results of the constituency are challenged through an election petition under section 84 of the Representation of the People Act.
The ECI on Tuesday filed written submissions in the court through its standing counsel Niranjan Rajagopalan. “The deferment is neither indefinite nor indiscriminate. It ends for each constituency as soon as the high court decides or disposes of the section 84 claim (election petition) in the constituency concerned,” the ECI said.
The petition was filed by advocate K Venkatachalapathy who prayed for preventing ECI from holding bye-elections to the four Assembly segments regarding which election petitions were pending. Subsequently, the court had temporarily stayed it.
The ECI said a six months’ timeline is set for trial of election petitions and so once the election petition is disposed of, the bypolls will be held to the constituency concerned.
The ECI cannot, and does not, express any view on the merits of the election petition. Under Article 329 (b) and Part VI of RP Act, whether an election petitioner or any other candidate can be declared duly elected under section 101 is for the Election Court (High Court) alone to decide, it said.
It explained if the ECI held a bye-election because it considered an election petition is bound to fail, it would in substance be adjudicating that prayer. The Constitution withholds that function from the ECI.
The ECI said it fully recognises the importance of every constituency being represented but the balance between prompt representation and the integrity of adjudication under Part VI of RP Act has been struck by Parliament and declared by the Supreme Court. It is not for the ECI to strike that balance differently for each constituency.