Loss by one vote: HC reserves order on DMK ex-minister’s plea

Chennai: On the eve of the scheduled floor test in the state assembly, a special bench of Madras high court reserved its order on the plea moved by former DMK minister K R Periyakaruppan, who lost to TVK candidate Srinivasa Sethupathi by one vote in the assembly election.

Concluding the hearing, a bench comprising Justice L Victoria Gowri and Justice N Senthil Kumar reserved its orders on Monday.

The former minister alleged that one postal ballot of Tirupattur in Sivaganga district, where he had contested, was mistakenly sent to Tirupattur district. Instead of sending it to the actual constituency it belongs to, the returning officer of Tirupattur rejected the postal ballot. Therefore, he wanted the court to pass an interim order restraining Srinivasa Sethupathi from taking oath as an MLA.





Earlier, senior advocate G Rajagopalan contended that the moment the election is over and results are declared, the commission ceases to be in office, and any relief can be sought only through an election petition.

He explained that a postal ballot can be opened only on the day of counting, and once the time has expired, no relief can be granted. To this, senior advocate N R Elango argued that the petitioner moved the plea as there is no remedy in the legislation.

The bench observed that the matter deals with the voting right of the person who polled the postal ballot. The petitioner is also alleging that the mistake is on the part of the ECI in wrongly sending a postal ballot of one constituency to another. TNN