The Supreme Court Friday asked the Election Commission (EC) to respond to DMK's plea seeking a direction for holding by-elections in three vacant assembly seats in Tamil Nadu.
A bench of Justices S A Bobde and S A Nazeer issued notice to the EC and asked it to file reply within two weeks.
Dravida Munnetra Kazhagam (DMK) is seeking by-polls for Tiruparankundram, Ottapidaram and Aravakurichi assembly constituencies.
Senior advocate Abhishek Manu Singhvi, appearing for DMK, told the bench that there are 21 vacant assembly seats in the state but the poll panel has notified by-polls for only 18 seats.
He said by-polls on 18 seats are scheduled to be held on April 18 along with the Lok Sabha polls in the state.
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"It is a bizzare approach. On 18 vacant seats you (EC) are having by-elections and on three seats you are not having by-elections," Singhvi said.
The EC counsel said that as per his instructions, by-polls for the three seats were not announced as some election petitions were pending in the Madras High Court.
"We (EC) have notified the Lok Sabha elections. By-election (for three seats in Tamil Nadu) can be held later," the EC's counsel said.
When the EC's counsel referred to the pending petitions, Justice Bobde said: "Those election petitions are a bogey. There is nothing in the election petitions. I think there is some poor advice somehwere."
When the poll panel's counsel said he needed two weeks to respond to DMK's plea, Singhvi said the matter should be listed for hearing on March 25.
"Do not rush up like this. We do not agree with you that by-election cannot be held later," the bench told Singhvi.
To this, Singhvi said, "Why cannot he (EC counsel) take instructions within a week?".
At this juncture, Justice Bobde told Singhvi, "You have such a good case, why you are in a hurry. In two weeks time, do you think voters would turn against you?"
The senior counsel responded saying, "Yes. It is possible. Two weeks is a long time in politics".
DMK has also made a representation to the poll panel for holding by-polls to the three vacant seats.
Tamil Nadu Chief Electoral Officer Satyabrata Sahoo had recently said that by-polls are not scheduled for the Tiruparankundram, Ottapidaram and Aravakurichi constituencies as election petitions are pending in the Madras High Court.
The Ottapidaram constituency is represented by disqualified AIADMK MLA Sundararaj, while Aravakurichi is represented by Senthil Balaji, an AIADMK legislator who is now with the DMK.
Thiruparankundram legislator A K Bose died last year.
Petitions challenging their elections are pending in the Madras High Court.
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