Madras HC Refuses to Stay by-Polls in Madurantakam and Dharapuram, Asks ECI to Examine Early Resignations
The judge said the practice could insult voters and urged the Election Commission of India or Parliament to consider rules after six AIADMK MLAs resigned and switched parties.
- On Wednesday, the Madras High Court declined to stay bypolls for two constituencies while questioning the practice of MLAs resigning to switch parties. Justice S.M. Subramaniam called the maneuver a potential "mockery of democracy" during a Public Interest Litigation hearing.
- Six All India Anna Dravida Munnetra Kazhagam MLAs resigned their posts this year to join the ruling Tamilaga Vettri Kazhagam . Maragatham Kumaravel and P. Sathyabama are now TVK candidates recontesting their own vacated seats in Madurantakam and Dharapuram.
- Petitioner K. Suthan argued such resignations burden the public exchequer, seeking a directive for the Election Commission of India to mandate an "Election Expenditure Security" deposit for recontesting members. He warned unchecked resignations could trigger mass bypolls.
- Advocate General Vijay Narayan noted that Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan had already reserved orders on related challenges. The court adjourned the case to Friday, September 18, for the First Bench's consideration.
- While bypolls remain scheduled for October 6, the court suggested Parliament or the ECI must examine regulatory measures to ensure financial accountability. Officials are weighing whether to introduce cooling-off periods to address premature resignations.
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12 Articles
Madras HC Declines To Stay Oct 6 Bypolls In Madurantakam, Dharapuram; PIL Posted For Sept 18
<p>Chennai, Sep 16 (PTI) The Madras High Court on Wednesday declined to stay the bypoll to Maduranthakam (SC) and Dharapuram (SC) Assembly constituencies that are scheduled for October 6.</p> <p>A division bench comprising Justices S M Subramaniam and Krishnanaswamy Govindarajan orally declined to stay the election while hearing a Public Interest Litigation filed by advocate K Suthan.</p> <p>After Advocate General Vijay Narayan pointed out that …
Madras HC asks ECI to consider guidelines on MLA resignations, bypolls - OrissaPOST
Chennai: The Madras High Court Wednesday questioned the practice of elected legislators resigning their seats, joining another political party and contesting the consequent bypolls from the same constituency, observing that such conduct could insult voters and their original mandate. Justice S.M. Subramaniam said an MLA who resigns only to seek re-election on another party’s ticket […]
'MLAs resignations insult to voters': Madras HC declines to stay Madurantakam, Dharapuram bypolls
A Division Bench of the Madras High Court comprising Justices SM Subramaniam and Krishnanaswamy Govindarajan orally refused to stay the bye-elections to the Madurantakam and Dharapuram Assembly constituencies.
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