CHENNAI: The Madras High Court has allowed a voter to withdraw her petition challenging the election of DMK MLA GV Markandayan from Vilathikulam, observing that the 45-day period for filing an election petition had already expired.
Markandayan, the DMK MLA elected from the Vilathikulam constituency, was challenged by voter P Vimaladevi, who filed a petition before the Madras High Court seeking to declare his election invalid.
She alleged that Markandayan had concealed several immovable properties owned by him and his wife, M Rebecca Anita, and intentionally suppressed the details despite being an experienced legislator familiar with the election process.
She further stated that the alleged concealment amounted to an electoral offence and that she had submitted representations to the Chief Electoral Officer and the Governor seeking his removal, but no action was taken.
The petitioner urged the court to declare the election of Markandayan from Vilathikulam as null and void.
A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan observed that the petition was not maintainable, noting that the 45-day deadline to challenge the election had expired, leaving no legal remedy available.
The bench also warned the petitioner that a heavy fine would be imposed. Following this, the petitioner sought permission to withdraw the case and file it as an election petition.
The court thereafter permitted the petitioner to withdraw the petition.