CHENNAI: The Madras High Court has refused to reject the election petition filed by a voter of Ambasamudram constituency seeking to nullify the victory of Esakki Subaya who was elected on an AIADMK ticket but cross-voted in the Assembly during a confidence motion and subsequently defected to the ruling TVK.
Holding that the averments and allegations have to be tested at the trial, Justice PB Balaji dismissed the application filed by Esakki Subaya praying for the court to reject the election petition, which was filed by C Kanthimathinathan.
He had filed the election petition on several grounds including suppression of asset details and corrupt practice including distribution of fake cheques and tokens to induce voters.
Esakki Subaya filed the original application for rejecting this election petition stating that it does not disclose any cause of action and is clearly barred by law, being bereft of material facts and material particulars.
Citing the Supreme Court’s constitution bench and a three-judge bench’s orders, the judge said, “The necessary foundation facts, as set out earlier, have been clearly pleaded and the proof of such foundation facts is possible only if the parties are directed to go for trial. At the threshold, the election petition cannot be rejected for want of cause of action.”
He added that he did not see how Esakki Subaya has made out a case for rejection of the election petition.
“The petitioner has complied with the requirements of the statute and has given not only concise statement of facts, entitling him to seek annulment of election, but has also pleaded several grounds and instances with names of persons and dates, as practically as possible,” the judge said.
He added, therefore, these averments and allegations can be put to test only during trial and cannot be characterised as bald and vague allegations in a summary manner, that too, in an application under Order VII.
