CHENNAI: The Madras High Court has held that instructions of the Election Commission of India (ECI) barring political parties and candidates from using children for electioneering have the ‘statutory force’ and are ‘binding’ on candidates.
The ruling was given by Justice K Kumaresh Babu while refusing to reject an election petition filed by former minister for School Education Anbil Mahesh Poyyamozhi, belonging to DMK, challenging the victory of TVK MLA Vijayakumar alias Navalpattu S Viji in the 2026 Assembly polls in Tiruverumbur constituency.
“It is to be noted that instructions given to a candidate in exercise of statutory powers under the Representation of the People Act, 1951, are binding on the candidate, as it has a statutory force,” the judge said in a recent order.
The counsel for the MLA had submitted that mere violation of instructions, as alleged, cannot be a ground because these instructions do not spell out the consequences of such violations and utmost, it could be an election offence.
“When it is found that there had been a violation of instructions, this court is of the view that it may have a material effect on the election,” he said.
The judge dismissed an application filed by the TVK MLA seeking to reject Anbil Mahesh’s election petition seeking to nullify the poll victory of the former after finding the “application is devoid of merits”.
The judge noted a decision on whether the violations of the instruction materially affected could be taken only after completion of the trial in the election petition.
Advocate Richardson Wilson, representing Anbil Mahesh, contended the instructions - which would arise out of powers under Article 324 of the Constitution and are issued by the ECI in exercise of statutory function-are binding on the returning officer as also the candidates.
The main grounds for seeking nullification of the poll victory is violation of these instructions which bars engaging children in poll campaigns.
He directed the MLA to file a counter-affidavit to the election petition within four weeks and directed both parties to submit the list of witnesses to be examined by them within two weeks.