How does a by-election work in Tamil Nadu, and why do only 2 of 7 seats vote?
Short answerA by-election fills one vacant Assembly seat, normally within six months of the vacancy. Seven Tamil Nadu seats fell vacant in 2026, but only two were scheduled: Madurantakam and Dharapuram vote on Tuesday 6 October 2026; counting is on 9 October 2026. The other five were held back because the Madras High Court's order of 10 July 2026 barred the Election Commission from calling by-elections there.
Seats and dates against data/by_polls.json (reports up to 26 September 2026); the law as in Section 151A.
How a by-election works
- A seat falls vacant. An MLA resigns in writing to the Speaker and the Speaker accepts it (Article 190(3)(b)), dies, is disqualified, loses an election petition, or gives up one of two seats won.
- The Election Commission sets a schedule. The Assembly Secretariat tells the Commission of the vacancy. The Commission notifies the by-election, then come nominations, scrutiny, withdrawal, polling and counting.
- The six-month rule. Under Section 151A of the Representation of the People Act, 1951, a vacancy is to be filled within six months, unless the rest of the term is under a year or the Commission, after consulting the Centre, certifies that it is difficult.
- Only that seat votes; the winner serves the rest of the term. The winner sits until the Assembly's term ends on 10 May 2031, unless it is dissolved sooner.
The seven seats that fell vacant in 2026
Since 29 June 2026, seven of the 234 seats have been empty, so the House has 227 sitting members.
| Seat | Former MLA | Vacant from | Six months end | By-election |
|---|---|---|---|---|
| Tiruchirappalli East | C. Joseph Vijay (TVK), gave up the seat (won two) | 10 May 2026 | 10 November 2026 | No date: the Madras High Court barred a by-election from 10 July 2026 |
| Madurantakam | K. Maragatham Kumaravel (AIADMK), resigned | 25 May 2026 | 25 November 2026 | By-election: polling 6 October, counting 9 October |
| Dharapuram | P. Sathyabama (AIADMK), resigned | 25 May 2026 | 25 November 2026 | By-election: polling 6 October, counting 9 October |
| Perundurai | S. Jayakumar (AIADMK), resigned | 25 May 2026 | 25 November 2026 | No date: the Madras High Court barred a by-election from 10 July 2026 |
| Ambasamudram | Dr. Esakki Subaya (AIADMK), resigned | 26 May 2026 | 26 November 2026 | No date: the Madras High Court barred a by-election from 10 July 2026 |
| Viralimalai | Dr. C. Vijayabaskar (AIADMK), resigned | 16 June 2026 | 16 December 2026 | No date: the Madras High Court barred a by-election from 10 July 2026 |
| Karur | M. R. Vijayabhaskar (AIADMK), resigned | 29 June 2026 | 29 December 2026 | No date: the Madras High Court barred a by-election from 10 July 2026 |
“Six months end” is the date by Section 151A, counted from the day the seat fell vacant; the Commission can be excused only on the grounds above.
Why only two of the seven vote
These points are as reported up to 26 September 2026. On 1 October 2026 the Madras High Court reserved its orders in the case; the bar on the five by-elections stays while it decides. The court's position is tracked on the by-election page.
The Madras High Court has barred the Election Commission from calling by-elections in the other five seats while it hears a public-interest case. Madurantakam and Dharapuram had no election petition pending against their April results, so the Commission scheduled them.
- On 10 July 2026 the High Court's First Bench — Chief Justice S. A. Dharmadhikari and Justice G. Arul Murugan — restrained the Election Commission from issuing a by-election notification for Tiruchirappalli East, Karur, Viralimalai, Perundurai and Ambasamudram. The order came on a public-interest petition by advocate K. Venkatachalapathy, who argued that election petitions against the April winners were still pending, so a by-election could leave two people with a claim to one seat.
- The court has extended the order three times, on 31 July, 24 August and 8 September. On 24 August the Election Commission told the court it did not propose to hold by-elections in the five seats until the election petitions are decided. Chief Minister Vijay, and two of the former MLAs, have asked the court to lift the bar.
- On 24 September the High Court refused a separate plea to stop the Madurantakam and Dharapuram by-elections.
The two by-elections: Madurantakam and Dharapuram
| Step | Date |
|---|---|
| Notification | Wednesday 9 September 2026 |
| Last day for nominations | Wednesday 16 September 2026 |
| Scrutiny | Thursday 17 September 2026 |
| Last day for withdrawal | Friday 18 September 2026 |
| Campaign ends | Sunday 4 October 2026 |
| Polling | Tuesday 6 October 2026 |
| Counting | Friday 9 October 2026 |
The schedule comes from the Election Commission, as reported on 9 September 2026. Seats the court has held back: Perundurai, Karur, Tiruchirappalli East, Viralimalai, Ambasamudram.
More: the by-election hub · results · how counting works · what happens when an MLA resigns.
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Sources
- Election Commission of India: eci.gov.in (by-election schedule, as reported 9 September 2026). Representation of the People Act, 1951, section 151A: India Code. Constitution of India, Article 190: legislative.gov.in.
- Court orders as reported: LiveLaw, 10 July 2026; DT Next, 10 July 2026; Bar & Bench, 10 July 2026; UNI, 1 October 2026.
Page updated 2 October 2026
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