Cannot Order EC To Collect Compensation From Candidates Who Resign And Contest Polls Again: Madras High Court

Chennai: The Madras High Court on Monday said it cannot order the Election Commission of India (ECI) to collect compensation from candidates who resign and contest elections again.

After the Tamil Nadu Assembly elections held in April, six AIADMK MLAs elected from Maduranthakam, Tarapuram, Ambasamudram, Perundurai, Karur and Viralimalai constituencies resigned from their posts and joined the TVK.

The High Court banned the announcement of by-elections for the Ambasamudram, Perundurai, Karur, Viralimalai and Trichy East constituencies where election cases are pending even as the Election Commission has announced by-elections for the Maduranthakam and Tarapuram constituencies.

A lawyer from Saidapet, Chennai, Sudhan filed a public interest litigation in the Madras High Court seeking an order for the Election Commission to formulate an appropriate procedure for candidates to deposit election expenses when they file nomination papers to contest the by-election.

The petition states where by-elections have to be held at public expense due to the resignation of MLAs for their own political reasons, appropriate procedures should be devised to make them responsible for the expenses. Furthermore, the petition requests that a study be conducted to introduce a law that would prohibit those who resign from office for political reasons and ignore the people's verdict within a short period of time after the election results are announced from contesting elections for a specified period.

The petition requested that the by-elections to the Maduranthakam and Tarapuram constituencies be banned until the case is resolved, and that the Election Commission be barred from accepting the nomination papers of former MLAs Maragatham Kumaravel and Sathiyabhama, who have been declared as candidates for the constituencies.

Similarly, the petition also requests that the Election Commission be ordered to submit a report on the expenses incurred in conducting by-elections for the Trichy East, Karur, Viralimalai, Perundurai, Ambasamudram, Madhurantakam and Tarapuram constituencies.

The case came up for hearing before Chief Justice SA Dharmadhikari and Justice J Arulmurugan. During the hearing, senior advocate Singaravelan, appearing for the petitioner, said, “The candidates rejected the people's mandate and resigned their positions to join another party. Therefore, both Maragatham Kumaravel and Sathiyabhama should be barred from contesting elections. Being elected from one party and then leaving it to contest in another party is an escape from the anti-defection law."

The lawyer appearing for the Election Commission said, “The petitioner’s request cannot be considered. There is no bar on a member who has resigned democratically from contesting the election again.”

The judges replied, “On what basis can an order be issued in the case? There is no law yet to collect compensation from those who resign and contest elections again. In the absence of any law, how can the court issue an order to collect compensation? Courts cannot make laws. The court can examine whether it is right or wrong only on the basis of documents".

They said, "The Election Commission cannot be ordered to collect election expenses from candidates and bar them from contesting elections. How can the court order the Election Commission to enact a law to collect election expenses from candidates?" they asked and adjourned the verdict.

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