Postal poll dispute: Madras HC restrains Tiruppattur MLA-elect from flooring take a look at
The Madras Excessive Court docket in an interim order on Tuesday restrained Tamilaga Vettri Kazhagam (TVK) candidate Seenivasa Sethupathi, who gained from the Tiruppattur constituency in Tamil Nadu meeting elections, from collaborating within the state legislative meeting, flooring take a look at and confidence movement on Could 13.
A bench of justices L Victoria Gowri and N Senthil Kumar in an interim order, restrained Sethupathi following a dispute over a postal poll from the Tiruppattur meeting constituency.
The Election Fee of India (ECI) informed the court docket on Monday that the ballot physique had no jurisdiction to behave on Dravida Munnetra Kazhagam (DMK) chief KR Periyakaruppan’s grievance over a disputed postal poll after the declaration of outcomes.
Periyakaruppan moved the excessive court docket final week claiming that the election officers wrongly despatched a postal poll to a different Tiruppattur constituency in Tirupattur as a substitute of Sivagangai district, inflicting it to be rejected there.
Periyakaruppan misplaced by 83,374 votesa margin of only one vote.
He argued that if the poll was legitimate and counted in his favour, the election consequence would finish in a tie.
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Senior counsel G Rajagopalan showing for ECI opposed the petition and informed the court docket that Periyakaruppan didn’t produce any proof to ascertain his declare. It additionally mentioned that ECI ceased to have any function after the declaration of outcomes.
He argued that Periyakaruppan’s declare rested solely on the model of an election agent.
ECI additionally disputed the suggestion that any error in postal ballots occurred. Calling it “a matter of proof,”
The court docket nonetheless, mentioned in its order {that a} “robust prima facie case” existed for issuing interim instructions restraining Sethupathy.
It clarified, nonetheless, that Tuesday’s instructions should not be mistaken because the court docket ordering a recounting of votes for the seat involved.
An in depth order of the court docket is awaited.
