Election Commission says Perundurai bypoll can proceed after legal bar ends

The Election Commission of India has told the Madras High Court that a by-election in the Perundurai Assembly constituency can be held before November 24, 2026, provided the Supreme Court does not grant a stay. The Commission made the submission in written arguments responding to a public interest litigation before Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan.

It said the legal bar on holding the Perundurai bypoll ended when an election petition concerning the constituency was rejected on September 8. The Commission said the election would also depend on the Bench exempting Perundurai from an interim order issued on July 10. That order prevents the Commission from notifying by-elections in five vacant constituencies where election petitions remain pending in the High Court.

The other constituencies named were Tiruchi East, Ambasamudram, Viralimalai and Karur. The Commission said by-elections in those seats could not be notified until petitions seeking to declare the petitioners or other candidates elected had been decided. Regarding Tiruchi East, the Commission said the timing of Chief Minister C.

Joseph Vijay’s resignation was immaterial. Mr Vijay had vacated that seat and retained Perambur after winning both constituencies in the general election. The Commission said a bypoll held while an election petition remained unresolved could create a situation in which two people might ultimately be regarded as representing the same constituency if an election tribunal later declared another candidate elected.

It rejected the suggestion that the postponement was indefinite or indiscriminate, saying the restriction ends when the relevant election tribunal disposes of a petition seeking a declaration that a candidate was duly elected. The Commission also said it supported directions for the speedy disposal of pending election petitions.