Madras HC nixes plea to stay October 6 bypolls to two seats
Chennai, Sep 24 (UNI) The Madras High Court on Thursday dismissed a PIL filed by a Chennai-based advocate seeking to stay the October six Assembly bypoll to the Madurantakam (R) and Dharapuram (R) seats.
Dismissing the plea, which also sought a five year ban on resigned candidates seeking re-election from the same seat on other party ticket, the First Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan noted that the relief, seeking to introduce an Election Expenditure Security to recover the cost of a bye-election and to introduce a cooling-off period to prevent those contesting in the same constituency, could not be granted as it was for the legislature to bring a law to that effect. "Relief cannot be granted. It is for the legislature to legislate. We cannot legislate," the bench said, while dismissing the plea.
The PIL was filed by Saidapet-based advocate K Suthan after six AIADMK MLAs elected in the April polls resigned and subsequently joined the ruling Tamilaga Vettri Kazhagam (TVK). The six were Maragatham Kumaravel (Madurantakam), P Sathyabama (Dharapuram), S Jayakumar (Perundurai), Dr Esakki Subbaya (Ambasamudram), C Vijaya Bhaskar (Viralimalai) and M R Vijayabhaskar (Karur). The ECI had announced bypolls for two seats Madurantakam and Dharapuram, though seven seats, including Trichy East represented by Chief Minister Vijay, were notified as vacant.
The TVK has rewarded the resigned candidates by giving them ticket from the same constituencies. During the earlier hearing before reserving its orders, the Court termed the resignation of MLAs in a short span of time after getting elected and recontest from the same seat on another Party ticket as a mockery of democracy and directed the Election Commission of India (ECI) to frame guidelines to prevent this, besides recovering the bypoll expenses from the resigned candidates.
Refusing to stay the bypolls, it said an elected MLA resigning his/her post in a short span of time and recontesting from the same seat on behalf of another party in the bypolls amounted to insulting the voters and a mockery of democracy. The Division Bench had during the September 16 hearing in its oral remarks said the ECI should consider framing guidelines on such peculiar situations to prevent such resignations and also should ensure that the bypoll expenses should be borne by the resigned MLAs. It also asked why the apex poll body should not examine the issue in detail and frame guidelines, by exercising its powers under Article 324 of the Constitution, to prevent this "mockery of democracy." Counsel for the petitioner said six members have resigned their MLA posts and joined the ruling TVK, necessitating the bypolls. But the ECI has announced bypoll only to two seats -- Madurantakam and Dharapuram -- and refrained from announcing the schedule for the other five seats, citing pendency of poll pleas.
The poll body had also informed the court that it would not hold the bypolls to the five seats, till the pending poll pleas are completely disposed off. He also informed the court that two of them - Maragatham Kumaravel and P. Sathyabama - have now been named as the TVK's candidates from the respective seats held by them to fill the vacancies caused by their own resignations. If the practice of legislators resigning their post only to recontest the bypolls as candidates of other political parties was left unchecked, without any regulations whatsoever, a situation may arise in the future leading to en masse resignations that would causing a huge dent to the public exchequer in conducting bye-elections, he argued.
To this, the court said none could prevent a legislator from resigning, but the problem would arise only when he/she seeks re-election from the same seat caused by his/her resignation. The judge said that either Parliament or the ECI must examine the peculiar circumstances and listed it before the first Bench after Advocate General Vijay Narayan said the first Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan had already reserved orders on a writ petition challenging the acceptance of the resignation of six MLAs. The bypolls were announced after both the seats were notified vacant following the resignation of two 'Rebel' AIADMK MLAs Maragatham Kumaravel and Sahtyabama, after supporting the TVK government in the May 13 confidence vote in the Assembly.
The TVK, after formalising its alliance as a new Front and christened it as Secular and Social Justice Vettri Alliance (SSJVA) headed by Chief Minister Vijay, had rewarded them with poll tickets. As expected, it has nominated the two former 'Rebel' AIADMK Legislators--who had quit that party and joined the TVK--as its candidates on behalf of the newly formed Front. The principal Opposition DMK and the AIADMK have also announced their candidates for the two seats. With the Naam Tamizhar Katchi of actor-director Seeman too expected to throw its hat into the ring, the bypoll will witness a five cornered contest, with the two Left Parties too entering the fray--contesting one seat each--despite offering outside support to the TVK goverment.
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