HC orders notice to EC on cancellation of bypoll

Notification against law, says petitioner

A public interest litigation petition filed before the Madurai Bench of the Madras High Court on Wednesday has questioned the cancellation of the Tiruvarur byelection and claimed that the notification went against the law.

The petitioner, Vedha Dhamodharan of Madurai, pointed out that under Section 151 A of the Representation of the People Act, 1951, a byelection for filling any vacancy shall be held within six months from the date of occurrence of the vacancy. The section would not apply if the remainder of the term of a member in relation to a vacancy is less than one year or the Election Commission in consultation with the Central government certifies that it is difficult to hold the byelection within the said period, he said.

The Election Commission had no power to order the cancellation of the byelection notification without consulting the Centre.

However, it went ahead and ordered the cancellation of the earlier scheduled byelection on the request of the Chief Secretary, who cited that the election could come in the way of Cyclone Gaja relief measures.

‘Quash it as illegal’

The petitioner sought a direction for the stay of the cancellation notification and quash it as illegal as it went against the Representation of the People Act, 1951. Ordering notice to the Election Commission, a Division Bench of Justices K.K. Sasidharan and P.D. Audikesavalu said the notice was directed to ascertain if the Election Commission had made the cancellation in consultation with the Centre. The case was adjourned until January 30.

The Tiruvarur Assembly constituency fell vacant following the death of DMK patriarch and former Chief Minister M. Karunanidhi.