KOCHI: A petition has been filed before the Kerala High Court seeking a directive to the Election Commission of India to make the nine MLAs, who have decided to contest Lok Sabha polls, to bear the expenses of the by-election to be conducted in their vacated Assembly constituencies, in the event of their victory.
As per Article 101(2) of the Constitution, a person could not be a member of both the Parliament and state Legislature at the same time.
Besides, as per the Prohibition of Simultaneous Membership Rules 1950, the seat of an MLA elected to the Parliament becomes vacant if he/she does not resign from the Assembly within 14 days.
Plea: Frequent bypolls a drain on the exchequer
Petitioner M Ashokan from Thiruvankulam, Ernakulam, sought to declare the rule illegal to the extent that the legislators who resign as per the provisions of the rules are not made liable for the expenses incurred for the bye-elections which follow.
The petitioner submitted the political parties representing these nine legislators had announced the sitting MLAs would be fielded in the Lok Sabha elections and they have started a vigorous election campaign. These legislators had also said they would resign once they got elected to the Lok Sabha.
Thus, by-elections would have to be held in their Assembly constituencies in the event of their victory in the parliamentary election. In fact, every election had become very expensive.The frequent byelections were a drain on the exchequer besides resulting in the loss of productivity and manpower. Sitting as well as former MLAs and their staff are entitled to perks, allowances and other privileges, stated the petition.