Madras High Court upholds election of AIADMK ward member in municipal poll

Chennai: The Madras high court has set aside an order of principal district judge, Dharmapuri, declaring an election of a ward member in Dharmapuri municipality as null and void. Justice M. Duraiswamy, when a civil revision petition filed by P. Malliga (AIADMK candidate) came up for hearing, passed the order. In an election held on October 17, 2011, P. Malliga an AIADMK candidate, elected to the ward No, 15 of the Dharmapuri Municipality beating her nearest DMK rival candidate P. Kalaivani, by one vote.

Challenging her victory, Kalaivani, who secured 399 votes, filed an election original petition before the principal district judge, Dharmapuri to declare the election and victor of Malliga as null and void. On April 16, 2015, the principal district judge passed an order in favour of Kalai-vani and decreed the election as null and void. Aggrieved over this, Maliga filed civil revision petition in the high court praying to set aside the lower court order.

Senior council and the former advocate general Mr A. Navaneetha Krishnan pointed out several anomalies in the lower court order. On the date of presentation of election original petition Kalaivani had not paid the security deposit of Rs 2,500 as contemplated under 124 of the District Municipality Act and Rules. Hence, the trial court should have dismissed the petition. Setting aside the order, Justice Duraiswamy said when there is a specific prayer made to declare the election as null and void, she should have impleaded the other contesting candidates as parties to the election original petition.