Tamil Nadu   

Court upholds Tiruttani MLA’s election

CHENNAI: The Madras High Court has upheld the election of G. Hari, who was returned from the Tiruttani Assembly constituency on an AIADMK ticket in May 2006.

Justice R. Banumathi, dismissing an election petition filed by G. Iraviraj of the Pattali Makkal Katchi on Tuesday, held that the petition did not disclose any cause of action or a triable issue.

Though the election in the Assembly segment was held on May 8, 2006, following instructions from the Returning Officer, re-poll was held in five booths two days later. Mr. Hari was declared elected by a margin of 916 votes.

The PMK candidate, in his petition, sought to declare the re-poll as invalid and to set aside the election of the AIADMK nominee, besides ordering a re-poll to the entire constituency.

He alleged that the booths for re-poll had been chosen in an arbitrary manner, merely on the basis of suspicion.

Mr. Hari contended that according to the Election Commission of India rules, re-polling was to be ordered wherever excess polling was reported.

Since the five polling booths in question witnessed over 85 per cent voter turnout the Commission had ordered re-poll there, he said.

Ms. Justice Banumathi, holding that re-polling held in the five booths could not be said to be in violation of the election rules, said the petitioner had not objected at that stage. In the light of documents filed by the Returning Officer and in view of the power of the Election Commission under Article 324 of the Constitution, no substantial issue arises for trial (in this petition), she said.

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