Madras HC dismisses Stalin’s plea seeking 100% VVPAT counting, declaration of VS Babu’s victory as void

CHENNAI : The Madras High Court on Thursday dismissed as not maintainable a petition filed by former Chief Minister and DMK president MK Stalin seeking 100% counting of VVPAT slips in the Kolathur constituency and a declaration that VS Babu’s victory in the Assembly elections was void.

A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, after hearing both sides, dismissed the petition as not maintainable.

Stalin had approached the court seeking directions to the Election Commission of India (ECI) to conduct 100% counting of VVPAT slips and verify all 286 EVMs used in the constituency during the Assembly elections. Of the 14 EVMs taken up for verification, two stopped working immediately, which, he argued, required technical diagnosis.

Stalin also pointed out lapses in the chain of custody of another EVM, including blank address tags on the carrying cases of the Ballot Units and Control Units, and seals being affixed on the reverse side. Despite these lapses, the District Election Officer declared that the verification process had been completed successfully and in accordance with the prescribed procedure.

He therefore sought to set aside the District Election Officer’s order, order a recount and declare VS Babu’s victory void.

During the hearing, Stalin’s Senior Counsel Kapil Sibal argued that the ECI conducted the EVM verification only after 45 days had elapsed from the declaration of the election results, thereby preventing Stalin from filing an election petition. He submitted that the petitioner could not be left without a remedy merely because the prescribed time limit had expired.

Appearing for the ECI, Senior Counsel Dama Sheshadri Naidu opposed the plea, arguing that Stalin should have raised his doubts over the EVMs at the outset and could not approach the court after delaying the exercise of his rights.

He submitted that the Supreme Court had already ruled against 100% recount and that allowing the plea would open a Pandora’s box, leading to similar petitions being filed by others.