Madras HC stops EC from notifying bypolls to 5 TN Assembly seats

The Madras High Court on Friday (July 10) restrained the Election Commission (EC) from notifying by-elections to five Tamil Nadu Assembly constituencies – Trichy East, Karur, Ambasamudram, Perundurai, and Viralimalai, until July 31.

A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan passed the interim order on a Public Interest Litigation (PIL) filed by K Venkatachalapathy, a Tirunelveli-based petitioner.

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The court restrained the EC, the Tamil Nadu Legislative Assembly Secretary, Chief Minister C Joseph Vijay, and others from proceeding with notifications, while directing them to file counter-affidavits by July 31.

CM Vijay gives up Trichy East seat

The five seats fell vacant following resignations by their elected representatives. Vijay, leader of the ruling Tamilaga Vettri Kazhagam (TVK), won from both Perambur and Trichy East in the April 2026 Assembly elections but resigned from latter to focus on his primary seat. His victory in Trichy East faces a direct challenge from DMK candidate Dr. Inigo S Irudayaraj, who lost by over 27,000 votes and filed an election petition seeking to declare the result void.

The other four seats were held by AIADMK MLAs S Jayakumar (Perundurai), Esakki Subaya (Ambasamudram), C Vijayabaskar (Viralimalai), MR Vijayabaskar (Karur), who resigned amid internal party turmoil and reportedly joined or aligned with the ruling dispensation.

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These resignations occurred in waves, particularly from factions associated with leaders like SP Velumani and CV Shanmugam, exacerbating the crisis in the AIADMK following its poor performance in the 2026 polls.

What PIL said

The PIL argued that conducting by-elections while election petitions challenging the original victories remain pending would create confusion, especially if new representatives are elected only for the results to be potentially overturned later. The court found merit in this contention for an interim stay.

This is not the first time election petitions have intersected with by-elections in Tamil Nadu. Courts have historically emphasised that unresolved challenges to electoral victories must be adjudicated to uphold democratic integrity, as prolonged delays risk undermining public faith in the system.

The resignations triggered intense allegations of horse-trading. DMK president and former Chief Minister MK Stalin criticised the developments, describing them as “horse-trading at horse-speed.” He alleged that TVK orchestrated the resignations of AIADMK MLAs, with swift inductions into the party happening within the Secretariat premises. Stalin questioned the ethics of a party that positioned itself as a “force of purity” resorting to such tactics.

‘Pre-planned conspiracy’

AIADMK general secretary Edappadi K Palaniswami (EPS) echoed these claims, terming the events a “pre-planned conspiracy”. He pointed to instances where resignations were accepted on the ground floor of the Secretariat while membership cards were handed over on the first floor by a minister. EPS alleged coordination between TVK elements and rebel factions, and approached the Governor seeking intervention against what he called “open horse-trading”. AIADMK also moved the Madras High Court challenging the Speaker’s acceptance of some resignations amid pending anti-defection proceedings.

On the other side, TVK and allied voices denied orchestrated poaching, framing the shifts as voluntary disillusionment with AIADMK leadership. However, counter-allegations flew thick and fast, with TVK MLAs claiming offers of crores to defect, and both DMK and AIADMK accusing the ruling party of misusing power to destabilise Opposition benches.