CHENNAI: The Madras HC has rejected an election petition filed against the victory of Revenue Minister KA Sengottaiyan stating the petitioner has failed to produce substantial materials. Justice GK Ilanthiraiyan passed the orders while allowing a petition filed by Sengottaiyan seeking to reject the election petition by AIADMK candidate VB Prabhu.
The counsel appearing for Sengottaiyan submitted that the election petition was filed on the ground that the Notary Public, who attested the affidavit in form 26, did not possess a valid and subsisting certificate of practice at the relevant point of time.
He noted the very same ground raised before the returning officer was rejected after finding that the notary public possessed a valid and subsisting certificate by virtue of its renewal and he was duly authorised to attest the affidavit. He said this ground does not constitute a ‘corrupt practice’ within meaning of section 123 of Representation of People Act.
The judge reasoned mere allegation that the affidavit in Form 26 was attested by a Notary Public whose certificate of practice was allegedly not subsisting on the date of attestation, without pleading the necessary facts establishing the statutory violation and its material effect upon the result of the election, cannot constitute a complete cause of action under Section 100(1)(d)(iv) of RP Act.
