CHENNAI: The Madras High Court on Friday (July 31) extended till August 24 its interim order restraining the Election Commission of India from issuing notifications for bye-elections to the Tiruchy (East), Karur, Viralimalai, Perundurai and Ambasamudram Assembly constituencies.

Tirunelveli-based K Venkatachalapathy has filed a Public Interest Litigation (PIL) before the Madras High Court seeking to restrain the Election Commission of India (ECI) from notifying and conducting bye-elections in the Tiruchy (East), Perundurai, Viralimalai, Karur, and Ambasamudram Assembly constituencies.

The petitioner contended that conducting bye-elections before the disposal of the pending election petitions would render the proceedings infructuous, defeat the statutory rights of the election petitioners under the Representation of the People Act, 1951, and frustrate the purpose of adjudicating election disputes.

He has, therefore, sought a declaration that the vacancies cannot be treated as “clear vacancies” under Section 151-A of the Representation of the People Act, 1951, until the election petitions are finally decided, along with interim and final directions restraining the Election Commission of India from proceeding with the bye-elections.

After hearing the parties, on July 10, the Bench held that conducting premature bye-elections would burden the public exchequer and could lead to a constitutional anomaly by resulting in two validly elected representatives for the same constituency. The Bench, therefore, restrained the Election Commission of India from issuing notifications for bye-elections in the Tiruchy (East), Perundurai, Viralimalai, Karur, and Ambasamudram Assembly constituencies until July 31.

The Court directed the issuance of notice to Chief Minister Joseph Vijay, the Election Commission of India, the Secretary of the Tamil Nadu Legislative Assembly, and MLAs C Vijayabaskar, MR Vijayabhaskar, E Subbaiya, and S Jayakumar.

When the PIL was again listed before the Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, counsel for the petitioner brought to the notice of the Bench that the interim stay was in force.

Recording the submission, the Bench extended the interim stay on the notification of bye-elections to the five constituencies till August 24 and adjourned the matter to the same date.