Supreme Court rejects plea to direct EC to hold by-polls in Tamil Nadu

New Delhi: The Supreme Court on Friday declined to entertain a special leave petition seeking a direction to the Election Commission to hold bye-elections to the Tirupparankunram and Tiruvarur Assembly constituencies in Tamil Nadu lying vacant for more than six months.

A Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna rejected the petition by K.K. Ramesh holding that no such direction could be given to the EC. The Bench pointed out that the EC in its order for canceling the bye poll in Tiruvarur had citing the reason that it would not be conducive to hold the elections at this juncture. The Commission had also cited the provisions that elections could be postponed in certain circumstances beyond the period of six months.

Regarding Tirupparankunram, the Bench said petitions are pending adjudication in the Madras High Court and in view of the pendency no direction could be issued to the EC to hold bye-elections to this constituency. There is no merit in this petition, the Bench held and dismissed the petition. The petitioner submitted that the Election Commission which has the duty and obligation to hold elections within six months of the seat falling vacant is deliberately not holding the elections even though more than six months had passed.

The Madurai Bench of the Madras High Court had erroneously rejected the petitioner’s plea and the present appeal is directed against this order. He prayed for a direction to the EC expedites the holding of bye-elections and to quash the High Court order.