CHENNAI: Chief Minister and TVK president C Joseph Vijay on Thursday told the Madras High Court that the allegation of using children for electoral gains, without substantial materials, is not a sustainable ground for seeking his victory be declared void.
The submission was made in a ‘reject the plaint’ application filed before Justice V Lakshminarayanan, seeking dismissal of the election petition by Inigo Irudayaraj of DMK challenging Vijay’s victory in the Tiruchy-East Assembly constituency.
The petition alleged that children were used for electioneering, in violation of a February 5, 2024, directive of the Election Commission of India. In response, the CM’s application stated:
“Even assuming the allegations to be correct for the limited purpose of the present application, the petition fails to plead the necessary material facts demonstrating that the alleged directive constitutes an order made under the Representation of People Act within the meaning of section 100 (1) (d) (iv)”
Vijay’s application further states: “The model code of conduct, likewise, does not, by itself, constitute an independent statutory ground for declaring an election void under section 100 of the RP Act.” Further, he noted that the petitioner’s reliance upon the alleged violation of the ECI directive and MCC does not, without necessary statutory nexus, disclose a cause of action under section 100 (1) (d) (iv).
“The petition further fails to plead the material facts demonstrating how the alleged use of children resulted in any particular number of votes being cast in my favour or otherwise materially affected the results,” the CM said.
The election petition seeks to convert an alleged regulatory or administrative violation into an independent ground for declaring the polls void without pleading the statutory foundation as required under section 100 of the RP Act, CM Vijay said.
Vijay denied allegations that his election expenditure exceeded the permissible amount, and noted that the petitioner had not furnished full particulars and material facts establishing the allegation. Another allegation, that Vijay used church worship for electoral gains, is also bereft of factual ingredients of the alleged corrupt practice, the CM’s application stated.