The Madras High Court refused to dismiss an election petition filed against Esakki Subaya’s victory in Ambasamudram

Esakki Subaya | Photo credit: A. Shaikmohideen

The Madras High Court on Thursday (October 1, 2026) refused to dismiss an election petition filed by a voter challenging the victory of Esakki Subaya from the Ambasamudram Legislative Assembly constituency during the general elections held earlier this year.

Justice PB Balaji dismissed the application filed by Mr. Subaya, who won as the All India Anna Dravida Munnetra Kazhagam (AIADMK) candidate but resigned as an MLA before joining the Tamilaga Vettri Kazhagam (TVK) to dismiss an election petition preferred by Kanthimathinathan.

However, the judge allowed another request by the resigned MLA to dismiss some of the objections of the election petitioner in his suit.

The refusal to dismiss the election petition assumes significance in light of the fact that Ambasamudram was one of the five constituencies where the by-elections were stayed by the Supreme Court bench due to pending election petitions.

Pursuant to the stay order passed by the Division Bench on a Public Interest Litigation (PIL) petition on 10 July 2026, the ECI filed a counter-affidavit in response to the PIL stating that it also did not intend to conduct bypasses in five constituencies: Tiruchi East, Karmudrama, Ambasralimai.

However, after a counter-affidavit was filed, Justice D. Bharatha Chakravarthy of the Supreme Court on 8 September 2026 dismissed the election petition filed against the victory of S. Jayakumar, who had also won as an AIADMK candidate but had resigned as an MLA before joining the TVK.

Therefore, in written submissions filed before the First Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan during the final hearing of the PIL petition, the ECI urged the Bench to exempt only Perundurai from the stay order.

The ECI told the court that by-elections could be conducted for Perundurai constituency as the election petition was rejected if the Supreme Court did not grant any stay and if the Division Bench took out only that constituency from the five constituencies where constituencies were suspended.

The current rejection of the election petition in Ambasamudram constituency could delay the holding of by-elections in the constituency.

Published – October 1, 2026 11:41 AM IST