ECI stays bypolls in five TN constituencies until petitions are resolved
The Election Commission told the Madras High Court it will not notify by-elections for five Tamil Nadu assembly seats until election petitions are decided. The petitioners challenge results for Tiruchi East, Perundurai, Ambasamudram, Viralimalai and Karur, with petitions and potential declarations b
Key takeaways
- The Election Commission placed a hold on bye-elections for five Tamil Nadu assembly seats pending resolution of related petitions.
- Five constituencies affected are Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur.
- Pending petitions seek declarations under Section 84 of the Representation of the People Act 1951 regarding the elected candidates.
- The deadline framework from Section 151-A and the 2010 Supreme Court interpretation influence the current approach.
- The case remains before the Madras High Court with a hearing set for September 8, 2026.
What Happened
The Election Commission of India (ECI) informed the Madras High Court that it does not intend to notify bye-elections for five Tamil Nadu Assembly constituencies until election petitions related to those seats are resolved. The five constituencies are Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur. The court heard this in response to a public interest litigation petition filed by K. Venkatachalapathy of Tirunelveli.
The counter affidavit, filed by Tamil Nadu’s Chief Electoral Officer Archana Patnaik, stated that bye-elections will not be announced while petitions challenging the elections of the returned candidates for these five constituencies are pending. The CEO cited legal precedents, including the 1967 Sanjeevayya case, which discussed circumstances under which a bye-election may not be necessary if an election petitioner seeks to declare himself the returned candidate. It was also noted that Parliament added Section 151-A to the Representation of the People Act in 1996, outlining a six-month deadline for bypolls after a vacancy arises, but the Supreme Court later clarified in 2010 that Section 151-A cannot override Section 84 in certain scenarios. The CEO explained that because petitions seeking declarations under Section 84 are already pending in these five constituencies, a by-election cannot proceed following a casual vacancy.
Officials added that the Chief Minister and other elected representatives for these constituencies had resigned after May 2026 elections, but petitions have been filed and declarations sought, leading the ECI to refrain from notifying by-elections. The Madras High Court adjourned the matter to September 8, 2026, and maintained an interim order restraining the ECI from notifying bypolls for the five constituencies until then.
Why It Matters
The decision affects the timeline for potential by-elections in five Tamil Nadu seats and underscores how pending election petitions can delay interim electoral processes. It reflects the balance between maintaining a functional legislature and ensuring legal challenges to election outcomes are resolved before fresh elections are called. The case also highlights how judicial interpretations of the RP Act provisions influence practical electoral scheduling in India.
Background
The five Tamil Nadu constituencies—Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur—saw elected representatives in May 2026 who subsequently resigned. Election petitions were filed challenging these results, including requests by petitioners to declare themselves the returned candidates under Section 84 of the Representation of the People Act of 1951. Legal doctrine from prior Supreme Court decisions and parliamentary amendments to the RP Act frame the current stance of the ECI on by-elections amid pending petitions.
Key Facts
- The ECI stated it does not propose to announce or notify bye-elections for five Tamil Nadu constituencies until election petitions are decided.
- Constituencies involved: Tiruchi East, Perundurai, Ambasamudram, Viralimalai, Karur.
- Petitions seek to declare certain elected representatives as the returned candidates under Section 84 of the RP Act, 1951.
- Section 151-A, added in 1996, prescribes a six-month timeline for bypolls after a vacancy arises; Supreme Court later held compatibility with Section 84 in Telangana Rashtra Samithi case (2010).
- The Chief Minister and several others were elected from these five constituencies in May 2026 but resigned subsequently; petitions were filed regarding those elections.
- The Madras High Court bench adjourned the matter to September 8, 2026, keeping an interim order in place.
What Happens Next
The case is scheduled for further hearing on September 8, 2026, with the interim restraining order continuing for now. The ECI indicated it will not notify by-elections for the five constituencies until the election petitions are resolved.
Sources reviewed
Project Chintan independently synthesized and analyzed information cross-checked across the sources listed above.
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