Madras High Court pauses notification for five Tamil Nadu by-elections
The Madras High Court has temporarily stopped the Election Commission of India (ECI) from issuing notifications for bye-elections to five Tamil Nadu Assembly constituencies where elected legislators resigned after the 2026 Assembly elections.
The interim order was passed by a Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan while hearing a petition related to vacancies in Tiruchirappalli East, Perundurai, Ambasamudram, Viralimalai and Karur.
The petitioner argued that election petitions challenging the results in these constituencies are still pending before the High Court. Since those petitions seek not only to invalidate the election results but also to declare other candidates as duly elected, conducting bye-elections at this stage could create legal complications.
The Bench observed that a resignation does not automatically create a vacancy suitable for a bye-election when the original election itself is under judicial scrutiny. Referring to earlier Supreme Court rulings, the Court noted that such vacancies may not qualify as “clear vacancies” until the pending election disputes are resolved.
The Court restrained the ECI from issuing any bye-election notifications until July 31, when the matter is scheduled for further hearing.
It also rejected objections regarding the petitioner’s locus standi, observing that conducting elections before resolving the pending disputes could lead to unnecessary public expenditure and even result in competing claims over the same Assembly seat.
The Court directed all respondents to file detailed counter-affidavits within three weeks before the next hearing.