CHENNAI: The Madras High Court on Monday reserved its orders on a public interest litigation (PIL) seeking to stay the October 6 bye-elections to Madurantakam and Dharapuram Assembly constituencies.
The first division bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan was hearing a petition filed by advocate K Suthan of Chennai, who sought directions to stay the bypolls until his petition is disposed of.
The counsel urged the court to issue directions to the Election Commission of India to bring in safeguards to prevent newly elected MLAs from resigning their posts, joining another party, and seeking re-election. He also sought directions to make such (resigned) MLAs bear the costs of conducting the bypolls, as taxpayers are burdened owing to the resignation.
“The prayer is to ensure financial accountability but there is no provision in the law to make the MLAs accountable. How can the court issue directions on this” the court asked.
Standing counsel Niranjan Rajagopalan, representing the ECI, submitted that poll costs cannot be recovered from candidates in the absence of statutory provisions to do so.
