HC rejects MLA’s petition against plea challenging electoral success

The AIADMK MLA submitted through senior counsel Ayyadurai that the averments in the election petition are false and should be rejected without a trial.

Update: 2022-10-18 09:56 GMT
Madras High

CHENNAI: The Madras High Court dismissed a petition filed by AIADMK’s Krishnagiri MLA to dismiss an election petition filed by DMK’s Krishnagiri East district secretary T Senguttuvan who was the DMK candidate for Krishnagiri constituency in the April 2021 State Assembly elections.

Justice PT Asha rejected the application filed by AIADMK legislator K Ashok Kumar representing the Krishnagiri seat.

The AIADMK MLA submitted through senior counsel Ayyadurai that the averments in the election petition are false and should be rejected without a trial.

Senguttuvan submitted through his counsel Richardson Wilson that the election conducted for the Krishnagiri legislative constituency should be declared as illegal, null, and void.

He sought such direction for several reasons, saying that the AIADMK candidate won illegally after bribing voters, using the official machinery of state for campaigning, suppressing property details in the election nomination form, exceeding permitted election expenditure, improper rejection of postal votes and counting of EVM.

The advocate further argued that the election petition cannot be rejected at the threshold since the petitioner has pleaded material facts that give rise to a cause of action. “The veracity of the allegations can be proved only after trial,” Senguttavan submitted through his counsel.

Accepting the submissions of advocate Richardson Wilson, Justice Asha dismissed the application filed by the AIADMK MLA for rejecting the election petition and held that the averments in the petition are sufficient for a trial in the matter.

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