The Election Commission of India has announced it will defer the notification of by-elections for five vacant Assembly seats in Tamil Nadu until the resolution of petitions challenging the results. This statement was made to the Madras High Court in response to a petition filed by K Venkatachalapathy from Tirunelveli.

The five seats in question are Tiruchi East, Perundurai, Ambasamudram, Viralimalai, and Karur. Tiruchi East was held by Chief Minister C Joseph Vijay, while the other four seats were occupied by representatives from the AIADMK party. The High Court has also maintained its interim order that prevents the Election Commission from notifying these by-elections until at least September 8.

In the hearing, Tamil Nadu Chief Electoral Officer Archana Patnaik confirmed the Election Commission’s position, indicating that the timing of the bypolls hinges on the outcome of ongoing electoral petitions regarding the aforementioned constituencies.

Background of the Vacant Seats

The five Assembly constituencies faced vacancies following the resignation of elected representatives. In May 2026, C Joseph Vijay and four AIADMK candidates were elected across these seats. However, after their victory, all four AIADMK MLAs shifted allegiance to Vijay’s new political formation, Tamilaga Vettri Kazhagam (TVK).

Among these, Vijay retained his position in Perambur but stepped down from Tiruchi East. The other four members were S Jeyakumar from Perundurai, Esakki Subaya from Ambasamudram, C Vijayabaskar from Viralimalai, and MR Vijayabhaskar from Karur. With the change in allegiance and resulting resignations, the Election Commission will now approach the decision-making with caution.

Venkatachalapathy’s argument against the by-elections is rooted in his claim that these seats should not be considered “clear vacancies” as stipulated under Section 151A of the Representation of the People Act, 1951, given that legal challenges regarding their election results remain unresolved. This rationale has been acknowledged by the court, which has extended its temporary stay on the proposed by-elections.

Legal Proceedings and Government Response

In light of the ongoing legal discussions, the Tamil Nadu government has expressed its opposition to the Election Commission’s decision to delay the bypolls. They have formally requested a swift hearing from the court and sought to lift the existing interim restrictions imposed on the notification of the elections.

However, the High Court has opted to maintain the current stay until September 8, when a final hearing will take place. This period is critical as it allows time for the overlapping legal issues to be deliberated, ensuring that the electoral processes proceed according to established legal frameworks.

As the situation develops, the decisions made by the Court and the Election Commission will hold significant implications for the political landscape of Tamil Nadu, particularly for the parties involved in the legal disputes surrounding these Assembly seats.

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