CHENNAI: The Madras High Court has dismissed a plea by TVK MLA Vijayakumar (A) Navalpattu S Viji, who sought to reject an election petition filed by former Minister Anbil Mahesh Poyyamozhi challenging his victory in the Thiruverumbur constituency.
Justice K Kumaresh Babu observed that allegations, including the use of children during the election campaign in violation of Election Commission instructions, must be examined during the trial.
Vijayakumar of the TVK won the Thiruverumbur constituency by a margin of 8,705 votes, securing 89,837 votes. Dravida Munnetra Kazhagam (DMK) candidate Anbil Mahesh Poyyamozhi finished second with 81,132 votes.
Challenging Vijayakumar's victory, Anbil Mahesh Poyyamozhi filed an election petition before the Madras High Court, seeking to have his election declared invalid.
The TVK MLA also filed petitions seeking dismissal of the election petitions filed against him.
During the hearing, Viji argued that Mahesh had not specified in the election petition how the alleged violations materially affected the election result and that, without such details, the petition need not be taken up for trial.
He further contended that a mere violation of the Election Commission's instructions prohibiting the use of children in election campaigning could not be a ground to set aside the election, as the instructions did not specify the consequences of such violations, which could at most constitute an election offence.
After hearing the plea, the Court observed that the application seeking rejection of the election petition was based on the grounds that no specific pleading explained how the alleged violations materially affected the election and that the Election Commission's instructions relied upon by the petitioner had no statutory force.
However, in the present case, the court could examine whether the alleged violations materially affected the election only after the petitioner substantiated the grounds raised. One ground was that instructions had been issued prohibiting the engagement of children during the election campaign.
Finding the application devoid of merit, the judge dismissed it and directed Vijayakumar to file his reply to the election petition within four weeks.