In this connection the All India Anna Dravida Munnetra Kazhagam (AIADMK) requests the Election Commission of India to consider the following factors before issuing the Notification for the by-election to the Pennagaram Assembly Constituency.

The by-election has been announced following the demise of the Member of the Legislative Assembly elected from Pennagaram Assembly Constituency, namely, Mr. Periyannan of the Dravida Munnetra Kazhagam on 1.12.2009. While the Election Commission is bound to conduct the
by-election before the expiry of 6 months from the date when the seat falls vacant in the Tamil Nadu Legislative Assembly, in the present case the Election Commission of India appears to have shown undue haste in announcing the date, deviating from the normal course and to the surprise of all.

It is pertinent to state that the Tamil Nadu Legislative Assembly will be in session from the 6^{th January, 2010 The schedule of the election will interfere with the legislative business that has to be transacted by the major opposition party, namely, the AIADMK. It is noteworthy that normally by-elections are not held when the assembly is in session owing to the importance of voicing the grievances of the people in the legislature. Moreover, since the Assembly will be in session the ruling DMK Party will have the unfair advantage of the opportunity to announce various schemes and benefits in violation of the Code of Conduct of the Election Commission, which would further the prospects of the ruling party in the by-election from the Pennagaram Assembly Constituency. The State Government is duty bound to bring to the notice of the Election Commission the fact that the Assembly Session is scheduled to commence on 6.1.2010 so as to enable the Election Commission to take it into consideration before issuing the Notification for the by-election from the Pennagaram Assembly Constituency.}

One other important factor that has to be taken note of by the Election Commission is that the Pongal Festival will be celebrated from 13.1.2010 to 16.1.2010. The Pongal Festival is celebrated by all the farmers and agriculturists as the harvest festival -- the Tamil equivalent of a thanksgiving. In an agriculture-based society, where cultivation is done by the farmers, the harvest plays an important part. Once a year the farmers express their gratitude to Mother Earth, the cattle, timely rain and the sun during the Pongal Festival. Pongal, in Tamil Nadu, is an annual four day long harvest festival; but the festival spirit commences well before and lingers for a few days after. This most important festival of the Tamil people will be disrupted if the election is conducted on 20.1.2010 and political campaigning stretches through the entire festival. It will also be difficult for the people of Pennagaram Assembly Constituency to effectively participate in the election and exercise their franchise when they are in a festive mood.

The election propaganda should be concluded by the political parties by 5 PM on 18.1.2010 and as such the electorate of the Pennagaram Assembly Constituency will face hardship if the election is held on 20.1.2010. Moreover, there was no urgency for announcing the by-election to the Pennagaram Assembly Constituency when the election process for the Tiruchendur and Vandavasi Constituencies had not yet been completed.

Holding the by-election at this time would also provide unscrupulous political parties with the opportunity to violate the model code of conduct by holding jamborees and melas under the camouflage of the Pongal festival, hoodwinking the vigilance of the Election Commission.

The Election Commission has wide powers under Article 324 of the Constitution of India to postpone the by-election owing to celebration of festivals in the States where by-elections are scheduled. It is pertinent to state that the Election Commission had re-scheduled the date of poll for
29 Constituencies for East Imphal and West Imphal in Manipur as requests were received from certain individuals and Political Parties for changing the poll date due to celebration of a local festival on 5.1.2007. In the same way the Election Commission had re-scheduled the date of poll for Varanasi Division Teachers Constituency after receiving requests from individuals and Political Parties of the State for changing the schedule as the date of poll was very close to Dussehra which is celebrated throughout the Country.

The facts that are enumerated above would clearly show that there are valid reasons backed by precedents to warrant rescheduling of the announced date of elections. Therefore, the Election Commission may kindly postpone the election from the Pennagaram Assembly Constituency to the month of February 2010, so as to enable the people of Tamil Nadu and the electorate of the Pennagaram Assembly Constituency to celebrate Pongal in peace and to ensure that the election is fought on a level playing field.

With kind regards,

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