States » SouthPosted at: Sep 28 2026 9:43PM


Stay on EC in holding bypoll to 5 seats : Vijay tells HC that keeping constituencies vacant till disposal of pending poll cases is against public interest

Chennai, Sep 28 (UNI) Even as the stay on the Election Commission holding bypolls to five seats continued, Tamil Nadu Chief Minister Vijay on Monday informed the Madras High Court that keeping constituencies vacant until the disposal of election petitions would be against public interest.
The submission was made during the hearing of a public interest litigation seeking a direction to restrain the Election Commission from announcing bypolls in five constituencies where election petitions are pending.
As the arguments remained inconclusive, the court adjourned it to tomorrow.
Tirunelveli-based Venkatajalapathi had filed the PIL seeking a stay on the announcement of bypolls in Tiruchy East, Ambasamudram, Perundurai, Karur and Viralimalai constituencies. The Madras High Court had, on July 10, ordered a stay on the announcement of bypolls in the five constituencies and subsequently extended it further hearings till today.
When the case came up for final hearing before the First Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G.Arul Murugan today, appearing for the petitioner, the counsel argued that the vacancies in the five constituencies could not be considered clear vacancies warranting bypolls, as the MLAs had resigned and subsequently joined the ruling party. The counsel also pointed out that the Election Commission had categorically stated that it would hold bypolls in the five seats until the pending election pleas were disposed of.
The petitioner’s side further argued that the contention of the respondents that the election petitions would take a long time to conclude could not be accepted and urged the court to allow the petition.
Arguments were also advanced in support of the case on behalf of Gandhimathinathan, a voter from the Ambasamudram constituency.
Representing the Chief Minister, who has been impleaded as a respondent, the counsel argued that Vijay had won the Tiruchy East constituency by securing 91,381 votes. As many as 20 candidates had contested from the constituency.
The counsel contended that the plea by the unsuccessful DMK candidate Inigo Irudayaraj seeking a declaration that he should be declared the elected candidate could not be accepted. Such a relief could be granted by a court only in a situation involving two candidates, the Chief Minister’s side argued.
The counsel further submitted that the petition could not be treated as a genuine public interest litigation and was, in effect, aimed at furthering an individual interest--personal interest litigation.
Keeping a constituency vacant until the election petition is disposed of would be against public interest, the Chief Minister’s counsel arguedm while further submitting that the plea to hold bypolls soon was filed not as a CM but as a public.
As the arguments on behalf of the Chief Minister were not completed, the Bench adjourned further hearing of the case to Tuesday.
UNI GV 2135
Tags: #Stay on EC in holding bypoll to 5 seats : Vijay tells HC that keeping constituencies vacant till disposal of pending poll cases is against public interest
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