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Madras High Court on TN By poll Notification
July 15 , 2026
14 hrs 0 min
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- The Madras High Court restrained the Election Commission of India (ECI) from notifying by-elections to five Tamil Nadu Assembly constituencies until 31 July 2026.
- The order applies to Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur, where the elected representatives resigned, but election petitions challenging their victories are still pending before the Court.
- The Court held that conducting by-elections before deciding the election petitions could create a situation where two persons may claim to represent the same constituency if the petitions are later allowed.
- The petition referred to Section 151A of the Representation of the People Act, 1951, which mandates filling a vacancy through a byelection within six months, subject to exceptions provided under the law.
- The plea also cited Supreme Court judgments (1967, 2011, and 2018) stating that by-elections should not be conducted when election petitions relating to the same constituency are pending adjudication.
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