Madras HC refuses to restrain ECI from holding by-election for Tiruvarur Assembly constituency

CHENNAI: A division bench of the Madras High Court on Thursday refused to restrain the Election Commission of India from holding by-election to Tiruvarur Assembly constituency, tentatively scheduled to take place on January 28.

The bench of Justices M Sathyanarayanan and  P Rajamanickam rejected the plea, while dismissing the miscellaneous petition arising out of a public interest writ petition from V Sathyanarayanan, general
secretary of Kaveri Delta Farmers Union, today.

The death of DMK supremo M Karunanidhi on August 7 this year has rendered the Assembly unrepresented.

Since the relief works on account of Gaja cyclone is halfway through, petitioner sought to restrain the ECI from issuing the gazette notification of the election schedule.

According to petitioner, once the notification was issued on January 3, the model code of conduct will come into force and the ECI will be in charge of the situation. There will be number of restrictions. As a
result, the people in Thiruvarur constituency will be deprived of the benefits of the ongoing relief works and they cannot celebrate the Pongal festival in a free manner with all zeal.

The code of conduct imposes lot of conditions and this will affect the normal life of the people in celebrating Pongal and Uzhavar Thirunal festivals. Further there was every possibility of the contesting candidates and their agents use the situation for distributing freebies under the guise of Pongal gifts.

Under Article 226 of the Constitution, the power of a High Court to interfere with the affairs of the Election Commission of India is limited and hence, no order restraining the ECI from going ahead with
the election schedule can be issued, the bench said and ordered notice on the main petition returnable by four weeks.

Two vacancy arose in the state of Tamil Nadu i.e., one at Thiruparankundram due to the death of late A K Bose on August 2, 2018 and another at Thiruvarur Constituency. He failed to understand why the ECI was proposing to hold elections only for Thiruvarur constituency, the petitioner asked.