The Madras High Court on Wednesday declined to stay the October 6 bypolls in Madurantakam (SC) and Dharapuram (SC) Assembly constituencies, and allowed the election process to proceed in the area for now. Public Interest Litigation (PIL) challenging the conduct of the bypolls has been referred for further discussion on September 18.
The matter was heard by a division bench composed of Justices S M Subramaniam and Krishnanaswamy Govindarajan. On the day of the hearing, the bench orally refused to give an interim stay on the elections. The development comes as the Election Commission has already begun preparations for the two constituencies and polling will take place on October 6.
The PIL has been filed by advocate K Suthan who has raised the issue of what happens when elected representatives resign from their seats soon after being elected and how much money is required to conduct the new elections.
PIL posted before the First Bench
During the proceedings, advocate general Vijay Narayan told the court that connected matters were already being heard by the First Bench headed by Chief Justice S A Dharmadhikari and that orders had been reserved in those cases.
Following the submission, the Division Bench directed the Registry to place Suthan’s PIL before the First Bench on September 18. The court’s decision means that there is no stay on the October 6 bypolls from the order passed in this proceeding at this stage.
The case and its effect on the economy is being closely watched, because the petition also raises broader issues of election expenditure with the consequences if an MLA resigns before the end of the elected term.
Why Madurantakam And Dharapuram Bypolls Are Being Held
The bypolls were necessitated after AIADMK MLAs K Maragatham Kumaravel and P Sathyabama resigned from their respective Assembly seats. The vacancies followed their decision to leave the AIADMK and join the ruling Tamilaga Vettri Kazhagam (TVK).
The Election Commission has scheduled bypolls in Madurantakam and Dharapuram for October 6. The two areas are among seven Assembly seats that have been vacant following resignations. But bypolls in five other seats have been held separately in court. The Madras High Court has extended an interim stay on the bypolls in those five seats until September 28.
TVK has renominated Maragatham Kumaravel and Sathyabama for the respective constituencies, according to the election developments.
What does The PIL seek?
Suthan's petition proposes a number of directions for the upcoming bypolls and also for expenditure related to election expenditure due to resignations.
One of the key requests is for the Election Commission of India and the state Chief Electoral Officer not to accept the nomination papers of the two former MLAs seeking to contest the bypolls.
The petition also proposed to introduce an election expenditure security mechanism. The petition is that elected representatives who resign before they complete their term would be required to deposit an amount which is linked to the total public expense of conducting a bypoll.
The PIL also requests the authorities to assess legislative or regulatory measures that could establish financial accountability when elected representatives resign voluntarily and prematurely.
The petition raises the question of future contest restrictions.
Another huge request in the petition is perhaps limits on elected representatives who resign from their seats and then seek to contest elections again.
The petitioner asks the Election Commission to consider legislative or regulatory measures that could make representatives disqualified or cooling-off available to them without legally recognised compelling reasons to resign.
The petition posits that this mechanism may help solve the financial and administrative problem of repeated elections after resignations. Any such change would thus need legal or legislative approval.
The PIL was filed after the Election Commission announced October 6 bypolls. The petitioner had argued that the cost of conducting fresh elections should not simply fall on taxpayers when there are vacancies because of voluntary resignations.
Court To Hear Matter On September 18
For now the October 6 election schedule remains in place for Madurantakam and Dharapuram, after the division bench refused to grant a stay in the PIL.
On September 18 the case will be brought to the First Bench. The petition could then be further clarified regarding the legal issues raised by the petition regarding election expenditure, nomination papers and whether an intervention is needed to protect future cases.
The development adds another legal dimension to the upcoming Tamil Nadu bypolls, while in Madurantakam and Dharapuram election process continues under the existing schedule.
