Madras HC upholds TTV Dhinakaran’s election in RK Nagar Assembly bypoll

In a big relief to Amma Makkal Munnetra Kazhagam leader TTV Dhinakaran, the Madras High Court on Wednesday rejected an election petition challenging his victory from RK Nagar Assembly constituency on the basis that it was through corrupt means.

Justice G Jayachandran on rejecting the election petition moved by ML Ravi of Desiya Makkal Sakthi Katchi, one of the contestants in the by-election, said, “The complaints sent by the petitioner to the Election Commission falls short of material facts and are vague. The allegations that the candidates of recognised political parties are spending over and other than the permissible limits are bald and general.”

“The reading of the election petition and the affidavit accompanying the petition does not make out any specific material fact which specifically attributes Dhinakaran for corrupt practices. The petitioner is unable to say who is the somebody who gave notes for votes and to whom the notes were given,” the judge added.

Referring to a Supreme Court order, the judge said, “The will of the people of RK Nagar Constituency reflected in the returned candidate (Dhinakaran) as their representative to the Assembly.

He should not be dragged to defend vague allegations based on social media reports and without any substantial and corroborative materials.”

Further, on holding that an election petition should contain a conscious statement of the material facts if the pleading is based on corrupt practices, the judge concluded his order saying, “This court finds that the averments put forth in the election petition lack material facts to form triable issues and do not satisfy the mandatory requirements laid down under Section 83 of the Representation of the Peoples Act. Election petition rejected.”