CHENNAI: The Election Commission of India has told the Madras High Court that the law prescribes a maximum of six months for holding bye-elections to fill Assembly vacancies, but does not require polls to be held immediately after a vacancy arises.

The submission was made in response to a PIL filed by Tirunelveli-based K Venkatachalapathy, seeking to restrain the ECI from notifying and conducting bye-elections in Tiruchirappalli (East), Perundurai, Viralimalai, Karur and Ambasamudram Assembly constituencies.

When the matter came up before Chief Justice SA Dharmadhikari and Justice G Arul Murugan, the ECI filed its written submissions.

The poll panel submitted that where an election petition seeking a further declaration is pending before the High Court, a vacancy caused by the resignation of an MLA need not be filled until the petition is decided.

The crucial question, according to the ECI, was whether the election petition was pending when the vacancy arose, and not whether the MLA resigned before or after the petition was filed.

The poll body further submitted that deferment of a bye-election would not be indefinite, as the election could be held after the High Court decided the pending petition. In the case of Perundurai, the election petition was dismissed on September 8, 2026.

The ECI said the law provides a maximum period of six months for holding a bye-election and does not require it to be held immediately after a vacancy arises. It also welcomed any direction from the High Court to expedite the hearing of the pending election petitions.

The Commission said bye-elections to Tiruchirappalli (East), Ambasamudram, Viralimalai and Karur could be notified after the High Court decides the respective pending petitions. It therefore sought dismissal of the PIL seeking directions to hold bye-elections while the petitions concerning the constituencies represented by Chief Minister C Joseph Vijay, Esakki Subaya, C Vijayabaskar and MR Vijayabaskar remain pending.

The Bench posted the matter to September 30 for the ECI's arguments.

Hearing the matter earlier, the High Court on July 10 observed that the ECI's obligation to conduct bye-elections would remain suspended until the pending election petitions were decided. The Bench had consequently restrained the ECI from issuing notifications for bye-elections in the five constituencies.