Advocate R Kumaravel of Villivakkam contended in his PIL that he had submitted an affidavit before the Commission on November 22 last with a prayer to call for the original thumb impressions that were affixed in Forms A and B relating to the nomination papers of AIADMK candidate AK Bose for Tirupparangundram by-election in November 2016.
Pointing out that the affidavit was filed based on the finger print science that no categories of ridges is visible either to the naked eye or with a magnified lens, he said the fingerprints of Jayalalithaa were readily available with the Chief Electoral Officer and the Returning Officers of that Assembly constituency and that they should be sent for forensic test for finding the basic truth — whether Jayalalithaa was alive or dead on October 27 last year.
The petitioner further submitted that he has no objection for the CM or his political party (AIADMK) observing the annual day on the party basis. But, the government shall not officially declare and observe the disputed date of death of Jayalalithaa.
Moreover, the Supreme Court had not acquitted Jayalalithaa from the disproportionate assets case under sections of the Prevention of Corruption Act and IPC, but had only abated her in the appeals as she passed away. Since the government itself had issued terms of reference to Justice Arumughaswamy Commission to inquire into the circumstances and situation leading to the hospitalisation of Jayalalithaa on September 22, 2016, to know her real health status, it should defer from observing the ‘annual death day’ by spending public money, the petitioner added.