Overview
- The court issued an interim order on Friday restraining the Election Commission of India from issuing any notification for by‑elections to Tiruchi (East), Perundurai, Ambasamudram, Viralimalai and Karur until July 31, 2026.
- The petition argues that election petitions already filed in those constituencies seek a declaration that rival candidates were duly elected, and Supreme Court precedents say such pending petitions can block a seat from being a ‘clear vacancy’ available for a bypoll.
- The bench rejected a narrow objection to the petitioner’s locus standi and asked the ECI, the Assembly Secretary and the resigned legislators to file detailed counter‑affidavits within three weeks before the matter is heard again on July 31.
- The Advocate General and ECI counsel told the court some resignations were accepted before the corresponding election petitions were filed and said the dates of resignation versus petition filing and the maintainability of petitions require closer scrutiny.
- If the court ultimately holds that these vacancies are not ‘clear,’ the decision could delay bypolls, raise costs for the state, and prevent the risk of two persons claiming representation for the same constituency if a by‑election is held before petitions are decided.