The Hindu : Tamil Nadu News : Court dismisses poll petition against R. Viswanathan

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Tuesday, Mar 18, 2008
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Tamil Nadu

Court dismisses poll petition against R. Viswanathan

Special Correspondent

CHENNAI: The Madras High Court has dismissed an election petition challenging the election of R. Viswanathan of the AIADMK from the Natham Assembly constituency in the 2006 elections.

In his petition, Andi Ambalam of the DMK had alleged that Mr. Viswanathan had misused his office as Minister and indulged in misdeeds. Electoral irregularities and offences were committed. It was at the instance of Mr. Viswanathan that the votes secured by him (Viswanathan) were inflated and those secured by the petitioner reduced.

Mr. Andi Ambalam alleged that Form-20 was a fabricated document.

The petitioner submitted that his specific case was that the son-in-law of Mr. Viswanathan was present at the counting centre and it was he who was the mastermind behind the alleged irregularities committed during the counting of votes.

In her order, Justice Prabha Sridevan said an election petition was in the nature of quasi-criminal proceedings and particulars of the charge should be explicit. Even if what was stated in all the complaints was proved, it would not establish that the corrupt practice was committed by Mr. Viswanathan or at his instigation.

The Judge said no cause of action was made out for setting aside the election. The so called self-contradictory statements and unexplained discrepancies were clarified without any investigation. The so-called criminal cases did not implicate the first respondent. Even assuming that television sets and dhotis were distributed, there was nothing to link it with Mr. Viswanathan.

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