Chennai: Madras high court has declined to restrain rebel AIADMK leader and MLA T.T.V. Dhinakaran from attending the ongoing session of the Tamil Nadu Assembly and to suspend the results of RK Nagar byelection declared on December 27, 2017.
The First Bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose dismissed the PIL filed by advocate S.V. Ramamurthy, which sought a direction to the state election commissioner to suspend the result declared by him in the by-election conducted at RK Nagar constituency, Chennai, on the ground of alleged violation of section 123 of the Representation of the People Act.
The petitioner also sought to restrain Dhinakaran from proceeding further to discharge the legal obligations provided to the sitting MLA in the Tamil Nadu Assembly. The bench said the petitioner, as an advocate of this court, has stated that people in general have grievances against the result of the byelection conducted in respect of RK Nagar constituency in the city. Referring to section 123 of the Representation of People Act, it is stated that the offering of bribe to secure votes is corrupt practice. Any gift, offer or promise by a candidate or his agent or any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of including a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or an elector to vote or refrain from voting at an election constitutes corrupt practice and is hit by section 123, the bench added.
The bench said in the petition, it was stated that 145 candidates had indicated their willingness to contest the election, but 78 applications were rejected and 13 candidates withdrew from the bye-election, ultimately, there were 59 nominations that were accepted. Dhinakaran, it was stated was an independent candidate without any political party. The real contest was between the electoral party candidates and Dhinakaran. “It is not necessary for us to record all the details as narrated in the affidavit with regard to allocation of symbol,” the bench added.
The bench said it was alleged that Dhinakaran, an independent candidate, was involved in foreign exchange cases and also in cases pertaining to offering bribe of Rs 60 crore to middlemen of Election Commission of India to get the election symbol of “Two Leaves” for conducting the RK Nagar bye election. “The fact remains that he did not get the aforesaid election symbol. This court is not concerned with the caliber of respective candidates, who contest an election. It is for the electors to exercise their choice,” the bench added.
Citing Article 329 (b) of the Constitution of India (Bar of interference by courts in electoral matters), section 80 of the Representation of People Act and judgments of the Supreme Court, the bench said in this case, the elections have already been conducted, counting has already been completed and the results declared.
The interference of this court under Article 226 of the Constitution of India cannot and does not arise, the bench added and dismissed the petition.
