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The Supreme Court connected Wednesday (May 13, 2026) recovered a Madras High Court intervention barring Tamil Nadu’s ruling Tamilaga Vettri Kazhagam (TVK) enactment MLA R. Sreenivasa Sethupathi from casting his ballot successful the level trial connected May 13 arsenic ‘atrocious’.
The apex tribunal stayed the cognition of the High Court order, allowing Mr. Sethupathi to enactment successful the assurance question for the caller TVK-led authorities connected the level of the House.
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A Bench of Justices Vikram Nath and Sandeep Mehta besides stayed the proceedings earlier the High Court.
“This is atrocious, atrocious, to accidental the least. The High Court knows and says successful the bid that the remedy lies successful an predetermination petition, and yet entertains a writ petition nether Article 226?” Justice Mehta said, addressing elder advocator Mukul Rohatgi, appearing for Mr. Sethupathi’s rival and DMK campaigner from the No. 185 Tiruppattur Assembly Constituency seat, K.R. Periakaruppan.
Senior advocator A.M. Singhvi, appearing for Mr. Sethupathi, who is the petitioner, said the apex tribunal should walk strictures against the bid passed by the High Court connected May 12.
“Whether helium (Sethupathi) tin ballot oregon not, this bid of the High Court indispensable beryllium stayed. There are immoderate orders which merit strictures to beryllium passed by the Supreme Court; this is 1 of them,” Mr. Singhvi said.
Justice Nath said this contented would beryllium considered successful the last hearing.
The Bench issued announcement to Mr. Periakaruppan and different respondents, including the Tamil Nadu Chief Electoral Officer.
Mr. Rohatgi sought, and was allowed, 2 weeks to record his antagonistic to the petition. He said the lawsuit did not substance immoderate longer, arsenic the DMK had already decided to locomotion retired of the ongoing spot ballot successful the 17th Legislative Assembly.
Mr. Singhvi questioned the haste shown by the High Court Bench headed by Justice L. Victoria Gowri to perceive the writ petition filed by Mr. Oeriyakaruppan, a erstwhile Minister, connected a Sunday, “that excessively for 2 full hours”.
Mr. Rohatgi countered that determination was thing incorrect successful peculiar hearing, considering the urgency of the issue.
“This tribunal has held a midnight proceeding for Yakub Memon... I person appeared successful peculiar sitting connected weekends truthful galore times,” helium defended.
Justice Nath said the tribunal did not attraction for oregon differentiate betwixt 1 governmental enactment oregon another, beryllium it “DMK, AIADMK, TVK oregon BJP”.
“We are lone bothered astir the legality of this High Court order,” Justice Nath said.
Mr. Periakaruppan mislaid the constituency to Mr. Sethupathi by a borderline of a azygous ballot successful the April 23 elections.
While Mr. Periakaruppan, a erstwhile State Minister, secured 83,364 votes, Mr. Sethupathi got 1 much ballot to decorativeness the tally astatine 83,365.
The DMK person had besides alleged discrepancies successful the EVM statistic and handling of postal ballots. He had argued that determination was a mix-up successful counting a postal ballot, which was formed successful his favour, due to the fact that it was sent to the incorrect constituency.
The Madras High Court order, astatine the time, had near the TVK Government with a razor-thin bulk successful the Assembly.
This had happened soon aft Governor Rajendra Arlekar, aft a hold that spanned implicit a week, yet invited the TVK president and the existent Tamil Nadu Chief Minister C. Joseph Vijay to signifier the authorities erstwhile helium could amusement enactment from 120 MLAs, conscionable 2 much than the 118-majority mark.
Though the High Court had clarified that its interim bid would not magnitude to mounting speech the predetermination triumph of Mr. Sethupathi, the judicial intervention, that excessively connected the eve of the assurance motion, had reduced the fig of MLAs supporting TVK to 119, precariously 1 much than the bulk threshold successful the 234-seat Assembly.
