CM secretary case: Madras High Court says can't entertain PIL on mere allegation

CHENNAI: Expressing disapproval, the Madras High Court has questioned how a petition making serious allegations against Chief Minister MK Stalin's Secretary, Dr P Umanath, can be taken up for hearing in the absence of any supporting material substantiating the allegations of violating the Model Code of Conduct.

In a Public Interest Litigation (PIL) filed by advocate A Mohandoss of the Bharatiya Janata Party, it has been alleged that, despite the Model Code of Conduct being in force in Tamil Nadu, the Chief Minister's Secretary, Dr P Umanath, has been acting in contravention of the said code.

Highlighting that government officials come under the control of the Election Commission of India following the announcement of elections, the petition contended that, however, Umanath has maintained communication with the District Collectors, Government officials and police authorities through official telephone as well as unofficial communication devices and has issued instructions during the election period. The petitioner, therefore, sought a direction to the Election Commission of India (ECI) to initiate appropriate action against Umanath.

A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan observed that, in the absence of any documentary evidence supporting the allegations against the IAS officer, it is unclear how the Public Interest Litigation could be entertained.

The Bench also pointed out that, while the Election Commission is already acting upon complaints, the petitioner has failed to implead Umanath as a respondent in the present proceedings.

Upon a request made by the petitioner's counsel seeking time to implead Umanath as a respondent, the High Court granted liberty and adjourned the matter to April 10.