In an unprecedented move, the Madras High Court on Wednesday declared DMK leader M Appavu as the rightful winner of a 2016 assembly election, while censuring the Supreme Court for the prolonged delay in deciding the case. Justice G Jayachandran observed that delays caused by courts could undermine the spirit of adult franchise and democracy, warning that India might follow the path of another country that gained independence alongside it, indirectly referring to Pakistan.
Background of the Case
M Appavu contested the 2016 Tamil Nadu assembly election from Radhapuram constituency in Tirunelveli district as a DMK candidate. He lost to AIADMK's I S Inbadurai by a narrow margin under controversial circumstances. Appavu challenged the result in court. Meanwhile, in the 2021 elections, Appavu defeated Inbadurai and became the state assembly speaker. Inbadurai later became a Rajya Sabha member of the AIADMK.
Court's Ruling
Justice Jayachandran declared Appavu as the winner and directed the state assembly secretary to substitute Inbadurai's name with Appavu's in official records for the 2016-2021 period. The court flagged the Supreme Court's interventions, stating that the delay caused by courts undermines the statutory mandate under Section 86(7) of the Representation of the People Act, which requires election petitions to be tried within six months.
The primary issue revolved around the rejection of postal ballots attested by headmasters of government middle schools. The Election Commission had rejected these ballots, arguing that headmasters are not gazetted officers as mandated under the RP Act. In 2019, the High Court held that headmasters are gazetted officers and their attestations are valid. The court also ordered a recounting of votes, but the result was stayed by the Supreme Court.
Criticism of the Supreme Court
Justice Jayachandran noted that even after 10 years, the Supreme Court had not resolved the issue, leaving the question open due to lapse of time. He remarked that the apex court could have answered the question since the High Court had already given a finding. He emphasized the High Court's constitutional duty to protect the Constitution and declined to abrogate its responsibility.
The court gave a categorical finding that headmasters of middle schools are gazetted officers, making the ballot papers attested by them valid. This finding, though challenged before the Supreme Court, was not reversed. Consequently, the election petition was allowed, and Inbadurai was declared wrongly elected. However, the court noted that the improper declaration was not attributable to Inbadurai's conduct, so he would not be disqualified except from claiming pensionary benefits as an MLA from 2016 to 2021.
