DMK MLA Seethapathy’s election from Tindivanam upheld

Justice V Bharathidasan dismissed the poll plea challenging his election filed by SP Rajendran, who contested on an AIADMK ticket.

The petitioner had challenged the election on various grounds, including improper receipt of votes and votes recorded in an EVM at a polling booth. “The election of the candidate cannot be declared as void unless there is clear and strong evidence compelling the court to accept the contention of the defeated candidate,” the court said, dismissing the plea. It could be seen that the petitioner’s objections had been duly communicated to the Election Commission, and the EC after considering all the materials, directed the returning officer to proceed further with the election process and declare the results.

Hence, the returning officer has acted in accordance with law in counting the votes in EVMs and declared the results, the judge said.

“That apart, in the absence of any allegation regarding faulty EVMs, the EC has taken a conscious decision not to order for a re-poll,” the judge added.