DMK petitions EC to change stand on 3 bypoll seats

The party has also moved a petition before the Supreme Court which has ordered notice returnable by April 8. In its representation submitted through party organising secretary RS Bharati with the EC in New Delhi on Saturday, DMK submitted that the stand of the Commission that mere pendency of election petition was a bar to hold by-elections was squarely contrary to the law laid down by the apex court. 

Drawing a distinction between the settled cases and the instant case of the three constituencies, the DMK claimed that in both Aravakurichi and Tirparankundram, the petitioner has not sought to declare himself/herself as elected candidate and even in Ottapidaram the petitioner has filed an application to withdraw his plea. 

“If constituencies can be kept vacant by mere pendency of election petitions, then the party in power can set up candidates to file election petitions and keep it pending as a fail-safe,” Bharati informed, drawing the Commission’s attention to absence of elected representatives to local bodies for over two years in the state and the 21 Assembly seats not having representatives. 

“Conduct of elections simultaneously would not only save precious time of the EC but also the electorate and candidates in the fray. Further, it would cut down the election related expenses incurred in carrying out the exercise twice in these constituencies. Also, Model Code of Conduct need not be repeated again,” the DMK reasoned. 

“It is not fair on the part of the EC to skip conduct of by-elections in these 3 constituencies when the legal position is very apparent and tilting towards conduct of elections,” the DMK added, requesting the Commission to reconsider its position.