How can ECI render case against byelections to five Tamil Nadu constituencies infructuous, wonders CM Vijay’s counsel

Senior counsel G. Masilamani, representing Chief Minister C. Joseph Vijay, on Monday (September 28, 2026) argued that the Election Commission of India (ECI) cannot make a case pending before the Madras High Court infructuous by deciding not to conduct byelections to five vacant Legislative Assembly constituencies in Tamil Nadu until the disposal of the election petitions connected to them.

Commencing final arguments before the first Division Bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, the senior counsel said that the ECI had failed to clarify whether it had taken the decision suo motu or on a representation made by K. Venkatachalapathy of Tirunelveli, who had filed a public interest litigation (PIL) petition against the conduct of bypolls to the five constituencies.

It is for Parliament to enact law against legislators who resign and re-contest in resultant bypolls: Madras HC