Madras High Court keeps challenge to Ambasamudram election victory alive

The Madras High Court has refused to dismiss an election petition challenging the victory of Esakki Subaya in the Ambasamudram Legislative Assembly constituency. Justice P.B. Balaji rejected an application by Subaya, who won the seat as an All India Anna Dravida Munnetra Kazhagam candidate before resigning as an MLA and joining the Tamilaga Vettri Kazhagam.

The petition was filed by voter Kanthimathinathan. The judge did, however, allow another application by Subaya to remove certain pleadings from the petition. The main election challenge will therefore continue.

The ruling could affect the timing of a by-election in Ambasamudram. The constituency is one of five where bypolls have been stalled by a Division Bench because election petitions remain pending. The other constituencies are Tiruchi East, Perundurai, Viralimalai and Karur.

The Election Commission of India told the court that it did not intend to conduct by-elections in the five constituencies while the legal issues remained unresolved. The position was set out in a counter affidavit filed in response to public-interest litigation. The High Court later rejected an election petition against S.

Jayakumar, who had also won as an AIADMK candidate before resigning and joining the TVK. Following that decision, the Election Commission asked the Division Bench to exempt Perundurai from the interim stay so a by-election could potentially be held there. The commission said polling in Perundurai could proceed if the Supreme Court did not grant a stay and the High Court removed that constituency from the order halting the five bypolls.

The continuing petition concerning Ambasamudram means the constituency may remain subject to the delay affecting the other seats. The court’s decision does not determine the merits of the allegations in the election petition.