The Madras High Court on Tuesday restrained Tamilaga Vettei Kazhagam (TVK) Tirupattur MLA Srinivasa Sethupathi from participating in Tamil Nadu assembly proceedings, including the vote of confidence, until further orders. The order was passed a day before the floor test in the assembly.
Court Order Details
A vacation bench comprising Justice L Victoria Gowri and Justice N Senthil Kumar issued the directive on a plea moved by former DMK minister K R Periyakaruppan, who lost the recently concluded Tamil Nadu assembly election by a single vote to Srinivasa Sethupathi.
Allegations of Postal Ballot Irregularity
The former minister alleged that one postal ballot from Tirupattur in Sivaganga district, where he contested, was mistakenly sent to Tirupattur district. Instead of forwarding it to the correct constituency, the returning officer of Tirupattur rejected the postal ballot. Periyakaruppan sought an interim order restraining Sethupathi from taking oath as an MLA.
ECI's Response
Opposing the plea, the Election Commission of India (ECI) contended that once the election is over and results declared, the commission ceases to hold office, and any relief can only be sought through an election petition. The ECI explained that a postal ballot can only be opened on the day of counting, and after that time has expired, no relief can be granted. The Representation of the People Act does not permit the ECI to transfer a ballot from one constituency to another.
