The Madras High Court today dismissed a a PIL seeking a stay on the June 27 bypoll at R K Nagar constituency from where Chief Minister Jayalalithaa is contesting after she was acquitted by the Karnataka High Court in a disproportionate wealth case.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, dismissed the PIL by one K K Ramesh, Managing Trustee, Tamil Nadu Centre for PIL, Madurai.
It said he was seeking to preempt the court to do the legislative act of amending the legislation, more specifically Sec 151(A). The section says if an elected MLA resigns the post after completing four years and the remaining term in relation to a vacancy is less than one year, the Election Commission should consent with the Centre and certify it is difficult to hold bye election within the period.
"It is his say that there is wastage of public money on account of vacancies being caused by the resignation of MLA's and thereafter bye elections being held. We are of the view that the aforesaid exercise is a legislative exercise and no one can be prevented from resigning the post of the person who so desires. As to what is the view of the people would reflect in the ballot box, we are not inclined to entertain the PIL," the bench said.
The petitioner submitted that as per Representation of People Act, an elected candidate to parliament and state legislative assembly will continue being in the post for five years. AIADMK candidate P Vetrivel was elected as MLA from R.K Nagar constituency, worked for 52 months in the post and has eight more months to serve.
He said Vetrivel had submitted his resignation on May 17 2015, which was accepted by Assembly Speaker P Dhanapal 'without any valid reason'. The EC had issued notificataion and announced that the bypoll would be held on June 27.
The petitioner alleged that Vetrivel, in his letter to the Speaker, had not cited any valid reason for his resignation. As per 151(A) of RPA if the period of an elected person was less than one year, the EC should get consent from the central government to conduct the bypoll, which was not done in the present case. The EC has to spend crores of rupees in this constituency for conducting bye elections, he submitted.
