Chennai: The Madras high court has upheld the election of DMK candidate Ma. Subramanian from Saidapet Assembly constituency during the May 2016 assembly elections. Allowing an application filed by Ma.Subramanian, Justice P.Kalaiyarasan rejected the election petition filed by S.Parthiban, an independent candidate, challenging the election of Ma.Subramanian.
“It is needless to say that the pleading as to corrupt practice is vague and does not spell out as to how the election results were materially affected because of the factors mentioned in the election petition. Therefore, the election petition deserves to be rejected”, the judge added.
Senior counsel P.Wilson, appearing for Ma.Subramanian, argued that the allegations made in the election petition do not disclose cause of action and bereft of material facts and absolutely there was no particulars relating to corrupt practice and the pleadings does not spell out as to how the election results were materially affected and therefore, the election petition was liable to be rejected.
Illayaperumal, counsel for election petitioner S.Parthiban, argued that the allegations made in the election petition do disclose the corrupt practices and those factors materially affected the election results and therefore the petition for rejection was to be dismissed.
He said that the election petitioner got only 87 votes and the returned candidate got 79,279 votes, the judge said the mandate of the people as expressed at the hustings must prevail and be respected by the courts and that was why the election of successful candidate was not to be set aside lightly. However, if there was commission of corrupt practice by a returned candidate, the result of the election does not echo the true voice of the people and then the election of the returned candidate shall be declared to be void.
At the same time, it was well settled the election petition can be summarily dismissed if it does not furnish cause of action. None of the allegations made in the election petition discloses the cause of action, the judge added and rejected the election petition.
