Chennai: The defeated DMK candidate from Thiruparankundram Assembly Constituency, the bye-election to that constituency is now deferred by the Election Commission on the ground that an election petition is pending, has approached the Madras high court to permit him to withdraw the election petition and direct the election commission to conduct bye-election to Thiruparankundram Assembly Constituency along with the election schedule of Lok Sabha General Elections to fill the vacancy of the said assembly constituency.
The present application filed by Dr.P.Saravanan through his counsel V.Arun is likely to come up for hearing shortly.
In his application, Saravanan submitted that the election petition was filed by him challenging the result of by-election of A.K.Bose from Thiruparankundram Assembly Constituency, which was held during November 2016. Having the trial was completed the court posted the case for arguments during July 2018. The arguments of his side was completed on July 27, 2018 and this court posted for arguments of returned candidate on August 3, 2018. But, the returned candidate A.K.Bose passed away on August 2, 2018, he added.
He said since the election petition was challenging the illegality and irregularity committed by the Election Commission which prospected the result of returned candidate and the trial was completed, he moved an application for issuing public notice to contest the election petition in the place of the late returned candidate. On August 24, 2018, this court issued gazette publication and two persons appeared in the place of late returned candidate and they contested the election case. Thereafter, he had filed his written arguments and was awaiting for the verdict from this court. Under the circumstances, on March 10, 2019, the Election Commission issued election announcement of Model Code of Conduct to conduct Lok Sabha general election 2019 and also declared by-election for 18 assembly constituencies of Tamil Nadu instead of declaring by-elections to 21 assembly constituencies.
Despite the returned candidate passed away, the Election Commission cited the reason for deferring the election of Thiruparankundram assembly constituency was that the election petition was pending, he added.He contended that there was no bar for the election commission to conduct the by-election to the Thiruparankundram assembly constituency because the constituency was being unrepresented in view of death of returned candidate since August 2, 2018.
However, the election commission has taken a view in favour of the ruling political party which was not having majority number of legislator in Tamil Nadu Assembly, the election commission has cut short the by-elections to 3 assembly constituencies to save the government. Despite his constituency was being unrepresented more than 6 months, it was duty of the election commission to conduct poll to the people of the constituency to have their democratic right of representation.
The election commission was shrinking its duty of conducting election, but it took shelter with motive as the election case was pending.
Since the election commission was sticking to its biased view, he was forced to withdraw the election petition without option.
But for the public cause and the people of his constituency shall be having their democratic right of representation in legislation, he was left with to withdraw the election petition. The election commission took view that if no election petition, election will be conducted, he pointed out.
