Chennai: The Madras HC has upheld the election of CPM candidate A. Lazer from Periyakulam Assembly constituency during the polls held on May 13, 2011. Justice T. Mathivanan dismissed the election petition at the admission stage, filed by unsuccessful BJP candidate Ganapathy. “The election petitioner has not chosen to file an affidavit in support of the allegation of corrupt practice made against Lazer,” the judge added.
Among other things, Ganapathy alleged that though Lazer had declared himself a ‘Christian’, had said he belonged to SC community in 2011, when he contested the Assembly polls from Periyakulam. Misdeclaration of caste/community amounted to corrupt poll practice, Ganapathy added. Denying the allegation, Lazer said he was from a SC Hindu Samban community and that he had never converted or practised any religion other than Hinduism.
R. Vaigai, Lazer’s counsel, said the election petition has to be dismissed in limini (at the admission stage itself) as nothing has been mentioned/pleaded in the election petition to show that Lazer had professed Christianity on the date of his nomination or election. The allegations were vague, she added. Accepting her argument, the judge dismissed the petition filed by Ganapathy and allowed the petition filed by Lazer to reject the election petition.
