Chennai: The Madras high court has ordered notice to the Election Commission of India and DMK MP Kanimozhi, daughter of former chief minister late M.Karunanidhi, on a petition filed by the state president of BJP and the defeated candidate of BJP Tamilisai Soundararajan, now the designate Governor of Telangana, challenging the election of Kanimozhi from the Thoothukudi Parliamentary Constituency during the election held on April 18, 2019.
Justice S.M. Subramaniam posted to September 23, further hearing of the election petition filed by Tamilisai Soundararajan.
In her petition, Tamilisai Soundarajan submitted that in the affidavit in Form No.26, Kanimozhi has shown K.Aravindhan, as her husband. She has also declared that he is a citizen of a foreign country. As against the coloumn permanent account number, she has declared that Aravindhan does not have a PAN. As against the column income tax return for the previous five financial years and the total income in Rupees during the five previous financial years, she has declared it as not applicable. Similarly, Kanimozhi has disclosed that she has a son by the name Adithyan, who is also a foreign citizen and stated that he does not have any PAN. Further as against the column income tax return for the previous five financial years and the total income in Rupees during the five previous financial years, she has declared it as not applicable, Tamilisai added.
Tamilisai said the aforesaid declaration filed by Kanimozhi was materially defective in view of the fact that Kanimozhi ought to have given the National Registration Identity Card number, given by the government of Singapore, which equivalent to the PAN applicable in India. Similarly, Kanimozhi ought to have disclosed the income received by her husband Aravindhan and her son Adithyan as per the returns filed by them with the Government of Singapore. By willfully failing to submit information with regard to the tax status of her husband and son in Singapore and the income received by them, Kanimozhi has filed a false affidavit which materially affects the result of the election and consequently the failure of the returning officer in accepting the nomination of Kanimozhi was improper and he ought to have rejected the same.
As was evident from the details of moveable property, Kanimozhi’s son Adithyan has invested substantial amount of money by way of fixed deposit in Indian Bank, R.A.Puram, Chennai and in two banks in ingapore.
In such circumstances, it was inconceivable that the said Adithyan does not have a PAN or has not filed income tax returns in India. In such circumstances, there was deliberate suppression of information by Kanimozhi with regard to PAN as well as the status of income tax returns of Adithyan, she added.Tamilisai said on March 26, 2016, a video came to be widely circulated through WhatsApp. In the video a number of women folk were seen performing aarathi to welcome Kanimozhi. Anitha Radhakrishnan, the DMK MLA, and several persons, accompanying Kanimozhi were seen distributing a sum of `2,000 to each of the women who performed the aarathi. She came to know that on March 25, Anitha Radhakrishnan, who was accompanying Kanimozhi, distributed a sum of `2,000 to each of the women who performed the aarathi in Umarikadu village.
A complaint was given by Muthuramalingam and an FIR was registered. The FIR clearly disclosed the commission of a cognizable and election related offence by Kanimozhi and her agents. Another complaint was given by AIADMK MLA Inbadurai to the Chief Electoral Officer of Tamil Nadu on March 26, Tamilisai added....