Madras High Court Restrains TVK MLA From Participating In Floor Test Amid Election Dispute

NEW DELHI: The Madras High Court on Tuesday passed an interim order restraining TVK candidate Seenivasa Sethupathi, who won from the Tiruppattur constituency, from participating in any floor motion in the 17th Tamil Nadu Legislative Assembly, including the upcoming confidence vote.

The interim direction was issued by a Bench comprising Justice L Victoria Gowri and Justice N Senthilkumar while hearing a petition filed by former Tamil Nadu Minister R Periakaruppan of the DMK.

The dispute relates to the counting of a postal ballot in the Tiruppattur Assembly constituency in Sivagangai district, where Periakaruppan contested the election. According to the petition, one postal vote cast in his favour was allegedly sent by mistake to another constituency bearing the same name — Tiruppattur constituency in Tiruppattur district — and was therefore not counted in his tally.

The Court clarified that its interim order should not be interpreted either as setting aside Seenivasa Sethupathi’s election victory or confirming it. However, the Bench observed that Periakaruppan had established a “strong prima facie case” warranting interim protection.

“We are fully satisfied that a strong prima facie case has been made out for granting interim directions,” the Court said.

The High Court also directed the Election Commission of India to preserve the relevant postal ballot and associated video footage connected with the counting and verification process.

The case assumes political significance as the trust vote for the newly formed Tamilaga Vettri Kazhagam (TVK) government is expected to take place shortly after actor-turned-politician Vijay was sworn in as Chief Minister on Sunday.

Periakaruppan approached the High Court seeking directions to election authorities, including the Chief Electoral Officer, District Election Officer and Returning Officers of both Tiruppattur constituencies, to secure the disputed postal ballot and include it in the correct constituency count.

He also requested an interim injunction preventing Seenivasa Sethupathi from participating in legislative proceedings pending disposal of the writ petition. Additionally, he sought disclosure of video footage relating to the mandatory reverification process under the Handbook for Returning Officers, 2023.

During a special hearing held on Sunday, senior advocate Mukul Rohatgi, appearing for Periakaruppan, argued that the constitutional bar under Article 329 regarding election disputes would not apply in the present matter.

Rohatgi submitted that the case involved an extraordinary factual situation where a postal ballot had allegedly been sent to a different constituency due to the identical constituency names. He argued that such a grievance could not be effectively addressed through an election petition and required intervention by the High Court under its powers under Article 226 of the Constitution.

📌 Follow us on YouTube, Instagram, and Twitter for more updates.