Election petition against Saidapet MLA Ma Subramanian dismissed

Justice P Kalaiyarasan dismissed the petition after holding, “None of the allegations made in the election petition discloses the cause of action. It is needless to say that the pleading of corrupt practice is vague and does not spell out as to how the election results were materially affected because of the factors mentioned in the Election Petition. Therefore, the election petition deserves to be rejected.” 

Also, noting that it is not out of place to point out that the election petitioner got only 87 votes and the returned candidate got 79,279 votes, the judge in his order  held, “If there is commission of corrupt practice by a returned candidate, the result of the election does not echo the true voice of the people and then the election of the returned candidate shall be declared void. At the same time, it is well settled that election petition can be summarily dismissed if it does not furnish cause of action.” 

The judge also set aside all allegations levelled against Subramanian, including the pendency of criminal cases for 11 years, saying, “The returned candidate cannot be blamed. Though the election petitioner alleges that due to political influence criminal cases have been protracted on by the returned candidate, absolutely no evidence in support of the same has been filed along with the election petition.”

S Parthiban, the election petitioner, who contested as an independent had alleged that the returned candidate Subramanaian had left certain columns blank in Form-2B, submitted two nomination forms- one on April 27 and another on April 29, 2016,  Commissioner of Oaths of Kancheepuram District attested Form-26 and the affidavit at Chennai, furnished false information about the property of his wife Kanchana and kept criminal cases pending against him for more than 11 years through political influence.