MADURAI: The Madurai Bench sought reply from the Chief Election Officer of Tamil Nadu on a Public Interest Litigation (PIL) seeking direction for conducting by-election to Thiruparankundram and Thiruvarur constituencies.The litigant, K K Ramesh, a resident of Madurai, submitted that according to Representation of the People Act, 1951, when a member of the legislative assembly dies, a by-election should be conducted in the constituency within six months.
However, the Tamil Nadu government requested the election commission to postpone the by-elections in Thiruvarur and Thiruparankundram constituencies, citing heavy rains as a reason, and the prediction of rain cannot be considered a valid reason for postponing a by-election, the petitioner argued.
Madurai Bench of MHC sought reply from #ElectionCommission on a petition seeking to conduct bye election in Tiruvarur and Thiruparankundram Constituencies. EC has been directed to report on the steps taken to conduct the election within the stipulated time@NewIndianXpress— Vinodh Arulappan (@VinodhArulappan) November 14, 2018
He submitted that the real reason behind the Tamil Nadu government’s hesitation to conduct the by-elections is that the results of the by-election might lead to the failure of Tamil Nadu government in the upcoming Lok Sabha Elections in 2019.
Submitting thus, the litigant prayed the court for direction to the election commission to conduct the by-election to the two constituencies. Hearing the plea, a Bench, comprising justices K K Sasidharan and P D Audikesavalu, directed the Chief Election Officer of Tamil Nadu to file an affidavit containing details of steps taken to conduct by-election to the two constituencies and the time schedule framed for the same by November 26. The assembly seats of the two constituencies had fallen vacant after the death of DMK leader M Karunanidhi (Thiruvarur) and AIADMK MLA A K Bose (Thiruparankundram).