CHENNAI: The Election Commission of India on Monday told the Madras High Court that once election results are declared, its hands are tied and any dispute thereafter can only be decided through an election petition, while opposing DMK candidate KR Periakaruppan’s plea over an alleged postal ballot issue.
The vacation bench of Justice Victoria Gowri and Justice N Senthilkumar reserved orders on a plea filed by DMK Candidate K.R. Periakaruppan alleging that a postal ballot belonging to the Sivaganga Tiruppattur constituency was mistakenly sent to the Tiruppattur constituency in near vellore district.
When the matter came up for hearing before the vacation bench, 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 re-counting 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.
Senior Counsel NR Elango, appearing for the former Minister, 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 background of the case is that the Assembly election results were announced on May 4. DMK candidate KR Periakaruppan secured 83,364 votes, while TVK candidate Srinivasa Sethupathi secured 83,365 votes and was declared elected by a margin of one vote in the Tiruppattur constituency in Sivaganga district.
Alleging 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, 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.