CHENNAI: Setting aside the victory of AIADMK’s I S Inbadurai in the 2016 Assembly election from the Radhapuram constituency, the Madras High Court has declared DMK leader and former Assembly speaker M Appavu as the elected candidate.
The court also directed the Assembly secretary to make necessary changes in official records by entering Appavu’s name as the representative of the constituency for the 2016-2021 period.
The court, however, observed that the improper declaration was not attributable to any conduct on the part of Inbadurai. It said the order would not disqualify him in any manner, except with regard to claiming pensionary benefits as an MLA for the 2016-2021 period.
Delivering the verdict on a poll petition filed by Appavu 10 years ago after he was declared to have lost the poll by 49 votes, Justice G Jayachandran on Wednesday ruled that the DMK leader had won by 104 votes.
In his plea, Appavu had challenged Inbadurai’s victory, alleging that he was forcibly evicted from the counting centre when counting for the 19th, 20th and 21st rounds commenced and that postal ballots were arbitrarily declared invalid.
Acting on the petition, the court had earlier ordered a recount of postal ballots and a specified number of votes recorded in EVMs.
Pleased that HC vindicated my win: Appavu
The recount was carried out on the HC premises, but the outcome was not disclosed owing to a stay granted by the Supreme Court on the declaration of the result.
Appavu had contended that 403 postal ballots were rejected without assigning reasons. Inbadurai, however, argued that the ballots had been attested by middle school headmasters, who were not gazetted officers, though election rules required attestation by gazetted officers.
In his order, Justice Jayachandran noted that the recount report contained a “damning disclosure”. Of the 403 postal ballots, Appavu secured 153 votes, while Inbadurai received only one vote and 44 ballots were declared invalid.
“This is conclusive that the election petitioner (Appavu) had won the election by a margin of 104 votes,” the judge observed. Recalling that the SC had not stayed the HC’s earlier finding that middle school headmasters are gazetted officers, the judge held that the postal ballots attested by them were valid.
Referring to the SC’s observation that no purpose would be served by adjudicating the matter since the term of the elected representative had already ended, Justice Jayachandran said the apex court had not stayed the HC’s finding on the powers of middle school headmasters to attest postal ballots. “This court has a constitutional duty to protect and preserve the Constitution at any cost and is not inclined to abdicate that duty for whatever reason,” he said.
Pointing to Section 86(7) of the Representation of the People Act, which mandates the conclusion of trials in election petitions within six months of filing, Justice Jayachandran observed that delays in adjudicating such cases would undermine the spirit of democracy despite the statutory mandate.
“If courts delay adjudicating such petitions, it will undermine the spirit of other branches of democracy in spite of the statutory mandate of this section. I fear that this country may also go the way of other democratic countries which gained independence almost along with us 75 years ago,” he remarked. Justice Jayachandran further said that Inbadurai, who had been wrongly declared elected, would have to forgo the consequential benefits arising from that declaration.
Speaking to reporters after the verdict, Appavu said he was pleased that the HC had vindicated his victory. “Justice has won. Though delayed, it is heartening to know that justice has prevailed,” he said. Alleging that an unlawful and unconstitutional act had deprived the elected candidate of victory, Appavu said the HC has corrected that injustice.
“The time taken is not important. What matters is the triumph of justice,” he said. Meanwhile, Inbadurai told reporters that the HC had not disqualified him and had granted him the liberty to challenge the verdict. Expressing confidence that the ruling would be overturned on appeal, he said, “I will definitely win the election finally and there is no doubt about it.”
