CHENNAI: In the aftermath of Tirupattur DMK candidate KR Periakaruppan being edged out of the race by one vote, the Election Commission informed the Madras High Court that once the results are declared, its hands are tied. Any dispute arising thereafter can only be decided via an election petition, it said while opposing Periakaruppan's plea.
The vacation bench of Justice Victoria Gowri and Justice N Senthilkumar reserved orders on a plea filed by DMK candidate KR Periakaruppan alleging that a postal ballot belonging to the Tiruppattur constituency in Sivaganga was mistakenly sent to the Tiruppattur constituency near Vellore.
When the matter came up for hearing, a counter affidavit was filed on behalf of the Election Commission of India by Archana Patnaik, Chief Electoral Officer, Tamil Nadu. In the affidavit, she stated that the issue regarding the postal ballot was not raised during the counting process and had been brought up only after the election results were declared.
She further submitted that Periakaruppan had not produced any material or supporting document to substantiate such contention, except for a supporting affidavit.
The Returning Officer's powers to decide anything extend only until the stage of declaration of results, and no decision can be taken on any representation regarding recounting once the results have been declared.
Senior counsel G Rajagopalan argued before the court that once the election results are declared, the ECI has no powers thereafter and any question arising subsequently will have to be decided only by way of an election petition. "The moment results are declared, our hands are tied," he submitted.
He further argued that the writ petition is not maintainable, as an election result can be challenged only through an election petition and not by way of a writ petition.
On behalf of the former minister, senior counsel NR Elango argued that even in its counter-affidavit, the ECI had not refuted the allegation that the postal vote was sent to the wrong constituency.
The results for the State Assembly polls were declared on May 4. In Sivaganga's Tirupattur constituency, Periakaruppan secured 83,364 votes, and TVK candidate Srinivasa Sethupathi defeated him with 83,365 votes.
The allegation was that a postal ballot cast for Tiruppattur constituency (no. 185) in Sivaganga district had been incorrectly sent to Tiruppattur constituency (no. 50) in Tiruppattur district (near Vellore).
Periakaruppan moved the Madras High Court seeking a direction to secure and include the ballot in the vote count. He has also sought an interim order restraining TVK's Srinivasa Sethupathi from taking part in the proceedings of the 17th Tamil Nadu Legislative Assembly until the writ petition is decided.