Madras HC extends stay barring ECI to hold Assembly bypolls for 5 TN seats till Sep 28
Chennai, Sep 8 (UNI) The Madras High Court on Tuesday extended till September 28, barring the Election Commission of India (ECI) from holding by-elections for five Tamil Nadu Assembly seats until the pending election pleas are disposed of.
When the petition filed by one Venkatachalapathy from Palayamkottai from southern Tirunelveli district, was taken up for hearing, the First Bench comprising Chief Justice S.A. Dharmadhikari and Justice G.Arul Murugan while extending the stay for the fourth time, also said the final arguments would be held on that day. Announcement of bypolls were barred for Trichy East, Karur, Ambasamudram, Viralimalai and Perundurai Assembly seats, though seven seats, including Madurantakam, and Dharapuram also fell vacant. However, the ECI yesterday announced that bypolls for Madurantakam and Dharapuram would be held on October six and filing of nominations would begin tomorrow (Wednesday September 9).
During the earlier hearing on August 24, the ECI filed a counter-affidavit, stating that, in accordance with the Supreme Court's directions, it does not propose to announce by-elections to the five seats till the poll pleas are disposed of following which the High Court extended the stay till today and has now extended it further till September 28 for final arguments.
Meanwhile, the Tamil Nadu government urged the court to expedite the hearing, pointing out that the five constituencies currently do not have elected representatives. In a related development, a petition filed by losing DMK nominee Thoppu N.Venkatachalam (a former AIADMK Minister), who had since quit the DMK a few days back, challenging the victory of AIADMK's S.Jayakumar from Perundurai was dismissed by the court. During the hearing, Jayakumar made a mention about the court order and prayed the First Bench to vacate the stay for holding bypoll to Perundurai. The Bench said it would take a decision on receipt of the court order and studying it.
Of the seven vacant seats, six were held by the AIADMK and one by Vijay, who is also the Founder President of the ruling Tamilaga Vettri Kazhagam (TVK). The Legislative Assembly Secretariat has since notified all the seven seats as vacant and had also communicated to the ECI paving the way for holding bypolls to these seats. Election petitions were filed challenging the victory of the candidates from five of the five seats. While Trichy East fell vacant following the resignation of Vijay, who had won from two seats and chose to retain the Perambur seat in Chennai, the vacancy to Ambasamudram was caused by sitting MLA Esakki Subbiah and Perundurai fell vacant after incumbent legislator S Jayakumar quit the post. Karur and Viralimalai seats fell vacant following the resignation of sitting members and former AIADMK Ministers M.R.Vijayabaskar and Dr C Vijayabaskar respectively. Madurantakam, and Dharapuram seats fell vacant after AIADMK MLAs Ms Maragatham Kumaravel and P Sathyabama quit their posts.
All the six AIADMK MLAs, who had quit their seats after voting in support of the confidence vote moved by Vijay in the Assembly violating the Party Whip, have since joined the TVK. Following the resignations, the AIADMK petitioned Speaker JCD Prabhakar not to accept the resignations of Maragatham Kumaravel, Sathyabama, Jayakumar and Esakki Subbiah as disqualification proceedings were pending against them, while unsuccessful DMK candidate Inigo Irudhayaraj has challenged Vijay's victory from Trichy East citing discrepancies in affidavits filed for the two seats prayed to declare his election as void and announce the petitioner as the winner.
The six former MLAs were are among 25 rebel legislators who had voted in favour of the TVK government during the confidence vote, violating the Party Whip. However, the AIADMK accepted the apology tendered by 21 of them and pardoned them following which the Speaker dropped the disqualification proceedings against them, while initiating it in respect of four others. Later, the AIADMK petitioned the Speaker to disqualify two more former MLAs, C. Vijayabaskar and M.R. Vijayabhaskar who had later resigned from their assembly seats and joined the TVK. They duo were among the 21 legislators pardoned by the party High command.
The party also moved the Madras High Court challenging the Speaker's action in accepting the resignations of two Vijayabhaskars and issuing a notification on the vacancy of the seats in Viralimalai and Karur constituencies in addition to the earlier plea filed by former Minister and AIADMK Whip Agri S S Krishnamurthi, was pending. The court had tagged these petitions along with the other ones already filed against the acceptance of the resignation of four MLAs--Maragatham Kumaravel, S Jayakumar, P Sathyabama and Esakki Subbiah.
