CHENNAI:
The Election Commission of India (ECI) has told the Madras High Court that the law provides a maximum of six months to conduct a by-election to fill an Assembly vacancy, but does not require it to be held immediately after the vacancy arises.
The submission was made in a PIL seeking to restrain bypolls in Tiruchirappalli East, Perundurai, Viralimalai, Karur and Ambasamudram constituencies.
The ECI said that where an election petition is pending before the High Court, a vacancy caused by an MLA’s resignation need not be filled until the petition is decided. It said bypolls could be notified after the pending petitions are disposed of.
The Bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan posted the matter for September 30 for further arguments.