CHENNAI: The Madras High Court has reserved orders on the writ petitions filed by senior DMK leader KR Periakaruppan, who lost by one vote to TVK’s R Seenivasa Sethupathi in Tirupattur Assembly segment in Sivaganga, over a disputed postal ballot in the recently-concluded election.
The petitioner had sought directions to the ECI authorities concerned to secure the postal ballot, which was mistakenly sent to another constituency, and restrain the winner from participating in the Assembly proceedings.
A summer vacation bench of justices L Victoria Gowri and N Senthilkumar on Monday reserved the orders after senior counsel G Rajagopalan, representing ECI, filed an affidavit and made his submissions.
Periakaruppan had moved the court with the urgent petitions seeking its interference under Article 226 of the Constitution stating that one postal ballot belonging to his constituency was wrongly sent to Tirupattur Assembly segment in Tirupattur district, where the returning officer rejected the vote instead of sending it back to Tirupattur where had contested.
Rajagopalan submitted that the petitioner has not produced any materials to substantiate the claim and so it is a matter of trial based on evidence. However, senior counsel NR Elango, appearing for petitioner, said the ECI has not denied the allegation. Section 80 of the RP Act, 1951, states that ‘no election can be called into question’ except by an election petition, ECI explained.
Stating that the writ petition seeks transfer of a postal vote and calls the election to the said constituency into question, the ECI contended that the petition is hit by the constitutional bar under Article 329 (b).
It also noted that the election process comes to an end with the declaration of the results and no interference can be made; and the available remedy for an aggrieved party is filing an election petition.
‘Amend rules to include NOTA for local body polls’
Madurai: The Madurai Bench of the Madras High Court has given six months to the state government to make necessary amendments in the Tamil Nadu Panchayats (Elections) Rules, 1995, to incorporate the ‘NOTA’ (None Of The Above) option on EVMs, ballot papers and related forms of all forthcoming local body elections in the state.
A bench of justices N Sathish Kumar and M Jothiraman gave the direction while disposing of a PIL by R Vinoth seeking the above relief in 2019. The state election commissioner, in his counter affidavit, informed the court that through a letter dated June 7, 2024, proposals have been sent to TN government to bring suitable amendments to the rules to incorporate ‘NOTA’ option in all local body polls as provided under the TN Urban Local Bodies Rules, 2023. Since the proposals were already sent, the bench directed the principal secretary of rural development and panchayat raj department to make necessary amendments.