The Madras High Court has temporarily stopped the Election Commission of India from announcing bypolls to five Tamil Nadu Assembly constituencies until 31 July. The dispute matters because the earlier winners in these seats resigned, but their election victories are still under challenge in court.
The petition argues that holding by-elections before the pending election cases are decided could create an abnormal situation in which two people claim the same seat. The court has allowed the respondents time to file counter-affidavits by 31 July.
What the five constituencies are
The stay covers Tiruchi East, Perundurai, Ambasamudram, Viralimalai and Karur.
Background and earlier position
Under the electoral framework, a vacancy in a House can normally trigger a by-election. Here, the petitioner’s position is that the vacancies should not be treated as final vacancies under the Representation of the People Act, 1951 while the election petitions remain pending.