High Court notice to several MLAs including Udhayanidhi Stalin
Chennai: The Madras High Court, while hearing several electoral disputes related to the Tamil Nadu Assembly elections, has issued notices to several present and former MLAs, including opposition leader Udhayanidhi Stalin, and directed them to file their replies. The court has sought detailed responses from the parties concerned after preliminary hearing on various election petitions challenging the election results.
These election petitions allege that various types of irregularities took place during the election process in the respective constituencies, due to which the election results should be cancelled. The court has not yet commented on the election results in any case and has given all parties an opportunity to present their views.
The most prominent case pertains to the Chepauk-Thiruvallikeni assembly constituency, where DMK leader and current leader of opposition Udhayanidhi Stalin had won the elections. Challenging his victory, a petitioner named Milani has filed an election petition in the Madras High Court. The petition demands declaring the election of Udhayanidhi Stalin invalid. While hearing this petition, the court issued notice to Udhayanidhi Stalin and directed him to file the reply within the stipulated time.
Similarly, two separate election petitions related to Kanyakumari assembly constituency are also pending before the court. Among these, DMK candidate Mahesh and AIADMK candidate Subha Khan have filed separate petitions challenging the election victory of AIADMK MLA Thalavai Sundaram. Both the petitions demand cancellation of the election results and an investigation into alleged irregularities in the election process.
Controversy has also emerged regarding the election results in Royapuram assembly constituency. DMK candidate Subha Khan has filed an election petition in the High Court challenging the victory of Vijay Damu, the winning candidate from the concerned constituency. In this matter also, the court has issued a notice to the concerned parties and sought their response.
In the matter related to Karur assembly constituency, DMK candidate former AIADMK MLA M.R. Vijayabhaskar’s election victory has been challenged. The petition claims that there were serious irregularities in the election process, which requires a judicial inquiry. Although M.R. Vijaybhaskar has later resigned from the post of MLA, but the hearing on the petition filed regarding the validity of the election results will continue.
DMK candidate in Viralimalai assembly constituency T. Pariwal has challenged the victory of senior AIADMK leader and former minister C. Vijayabaskar in court. Several legal grounds have been presented in the petition demanding the annulment of the election results. The High Court has asked C. Vijaybhaskar to file a reply in this matter also.
Similarly, the victory of AIADMK MLA Lima Rose Martin has been challenged in the election petition related to Lalgudi assembly constituency. DMK candidate K.K. Chellapandian has filed a petition in the court demanding that the election results be declared invalid. The court has also issued notice to Lima Rose Martin and directed her to present her side.
During the hearing, the court made it clear that the election petitions will be decided on the basis of the evidence available under the election laws and the arguments of both the parties. The court also said that it would not be appropriate to comment on the merits of any petition at this stage.
It is noteworthy that under the Representation of the People Act, the result of any Assembly or Lok Sabha election can be challenged only through an election petition. If the court finds sufficient evidence of serious irregularities, misinformation, corrupt practices or other legal violations in the election process, it may order the annulment of the election. However, such a decision is taken only after detailed hearing and hearing the arguments of all the parties.
At present, the Madras High Court has directed all the concerned leaders and MLAs to file their replies within the stipulated time. Now during the next hearing in these cases, the court will examine the answers and available documents. The decision on these election petitions can have a significant impact on the politics of Tamil Nadu, because they involve the question of validity of the election of many prominent leaders and MLAs of the state.
