Chennai: The Madras high court has rejected an application, which sought to dismiss an election petition filed by VCK leader Thol.Thirumavalavan, challenging the election of AIADMK candidate M.Murugumaran from Kattumannarkovil (SC) Constituency in the May 2016 assembly elections.
Justice M.Duraiswamy dismissed the application filed by M.Murugumaran while partly allowing another application, which sought to strike off certain pleadings in the election petition.
Election petitioner's (Thirumavalavan) allegation that the election was not conducted in a proper manner and that the elected candidate had indulged in corrupt practices cannot be construed as vague. "In the case of the election petitioner failing to substantiate the averments by adducing oral and documentary evidences, his case cannot be accepted. When the election petitioner is able to establish his case by adducing oral and documentary evidences, in such case, the case of the election petitioner should be accepted.
Therefore, when he has made allegations of corrupt practice and also made allegations against the conduct of the elections, it is not a fit case to strike out the pleadings under Order VI Rule 16 of the Code of Civil Procedure and to reject the election for want of cause of action", the judge added.
The judge said in the case on hand, the averments stated in the election petition cannot be construed as vague. Whether the allegation has got basis or whether they were scandalous, can be established by the parties only at the time of trial by letting in oral and documentary evidences. "In these circumstances, I do not find any reason to strike off the pleadings made in paragraph 8, 9, 11, 15 to 17, 19, 22, 25, 27 and 28 of the election petition. The pleadings made in paragraph 6, 7, 10 and 24 are struck off. The petition to reject the election petition is also liable to be rejected. Accordingly the same is dismissed", the judge added.
