The Madras High Court on Tuesday restrained TVK MLA Srinivasa Sethupathi, who won the Tirupattur constituency by a single vote, from participating in the floor test scheduled for Wednesday. The vacation bench of Justice L Victoria Gowri and Justice N Senthil Kumar issued the order while hearing a plea filed by former DMK minister K R Periyakaruppan, the defeated candidate.
Court's rationale
The bench observed that a floor test is not an ordinary legislative sitting and that participation in such a proceeding could determine the survival or fall of the government. "If the TVK MLA participates in such proceedings and his vote becomes decisive, the consequence may travel far beyond the constituency and affect the constitutional governance of the state," the judges stated.
Rejection of Election Commission's objection
The court rejected the Election Commission of India's objection that the matter should only be addressed through an election petition. The bench said, "The principle that election disputes must await an election petition cannot be converted into a principle that constitutional courts must remain silent, even when the issue is not merely the validity of an election, but the immediate use of a disputed electoral mandate to decide the fate of a government."
The judges clarified they were not declaring the election void or seating the petitioner in place of the MLA. "We are only considering whether, pending prima facie scrutiny of serious electoral anomalies in a one-vote result, the returned candidate should be permitted to participate in a proceeding where his vote may alter the balance of power in the assembly," they added.
Background of the dispute
Periyakaruppan contended that one postal ballot from Tirupattur in Sivaganga district was mistakenly sent to Tirupattur district. Instead of directing it to the correct constituency, the returning officer rejected the ballot. The one-vote margin has raised questions about the integrity of the election process.
Supreme Court appeal
Within hours of the High Court's ruling, the TVK moved the Supreme Court against the order. Senior advocate Abhishek Manu Singhvi mentioned the matter before Chief Justice of India Surya Kant, seeking an urgent hearing. The CJI agreed to hear the appeal on Wednesday.
