Madras High Court extends stay on five Tamil Nadu by-elections till August 24

The Madras High Court on Friday extended until August 24, 2026, an interim order that prevents the Election Commission of India (ECI) from notifying by-elections to five Assembly constituencies in Tamil Nadu. The constituencies affected are Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur.

The interim order was initially passed on July 10, 2026, following a writ petition filed by K. Venkatachalapathy of Tirunelveli, through his counsel V.R. Shanmuganathan. On Friday, a Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan extended the stay because the case could not be taken up for hearing. The bench also noted that the ECI and the Secretary of the Tamil Nadu Legislative Assembly had not yet filed their counter-affidavits.

The petitioner had argued that the by-elections became necessary due to the resignation of the elected members from these constituencies. However, he pointed out that the election of those members has already been challenged before the High Court through individual election petitions. He contended that conducting by-elections while these election petitions are pending could create an anomalous situation. If the election petitions are eventually allowed in favour of the petitioners who sought to be declared as the returned candidates, each of these constituencies could end up with two representatives simultaneously.

The court accepted the need for further examination and directed that the stay remain in force until the next hearing. The matter is now scheduled to be taken up after the respondents file their responses.

Legal observers note that this case touches on the delicate balance between the need to fill legislative vacancies promptly and the importance of respecting the legal challenges to election results. The outcome of this case will have implications for the electoral process in Tamil Nadu.