3 weeks ago
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Dravida Munnetra Kazhagam (DMK) erstwhile Minister K.R. Periakaruppan connected Sunday complained earlier the Madras High Court that the beingness of 2 Legislative Assembly constituencies by the aforesaid sanction ‘Tirupattur’ successful Tamil Nadu had led to his decision successful the conscionable concluded 2026 elections by a azygous vote.
A summertime abrogation Bench of Justices L. Victoria Gowri and N. Senthilkumar held a peculiar sitting connected a vacation to perceive an urgent writ petition moved by him to assertion that a postal ballot formed successful his favour successful Tirupattur constituency successful Sivaganga territory was inadvertently sent to the Tirupattur constituency successful Tirupattur district.
Senior counsel Mukul Rohatgi and N.R. Elango, representing the writ petitioner, brought it to the announcement of the tribunal that constituency fig 50 bears the sanction Tirupattur and constituency fig 185 besides bears the sanction Tirupattur though the erstwhile falls successful Tirupattur gross territory and the second successful Sivaganga district.
They said, Mr. Periakaruppan had been contesting from Tirupattur constituency successful Sivanganga territory from 2006 and won each different predetermination held since then. Only this year, helium was declared to person mislaid the predetermination by a borderline of conscionable a azygous ballot to Tamilaga Vettri Kazhagam (TVK) campaigner R. Seenivasa Sethupathy.
The tribunal was told a postal ballot formed successful favour of the writ petitioner had been wrongly despatched to the Tirupattur constituency successful Tirupattur district. If that ballot had been redirected to Sivaganga district, the petitioner and the TVK campaigner would person ended up securing adjacent fig of votes, the counsel said.
In the lawsuit of specified a necktie betwixt the 2 candidates, the victor ought to person been declared connected the ground of drawal of lots. However, this full workout was not conducted due to the fact that of the nonaccomplishment of the Returning Officer successful Tirupattur territory to guardant the postal ballot to Sivaganga district, the counsel added.
They besides submitted an affidavit sworn by S. Rajendran, 61, who was the counting cause for DMK campaigner A. Nallathambi successful Tirupattur district. The deponent had told the tribunal 1 postal ballot was kept speech and not taken into relationship successful Tirupattur territory due to the fact that it had been formed successful favour of Mr. Periakaruppan who had contested successful Sivaganga district.
Mr. Rajendran said helium had informed Mr. Periakarruppan astir the postal ballot lone connected May 5, 2026, a time aft the declaration of the results and connected coming to cognize done the media that the second had mislaid by a azygous vote. Immediately, the writ petitioner gave representations to the predetermination officials and approached the High Court with the contiguous writ petition.
TVK candidate’s arguments
On the different hand, elder counsel Abhishek Manu Singhvi and V. Raghavachari, representing the TVK MLA Mr. Sethupathy said, the erstwhile Minister ought to person filed an predetermination petition challenging the triumph of their lawsuit alternatively of having invoked the writ jurisdiction of the High Court.
They besides said, the Returning Officer had go functus officio aft the declaration of the effect and nary writ of mandamus could beryllium issued against specified an officer. “There is thing successful the substance which needs a Sunday hearing. This is simply a clever camouflage of an predetermination petition into a writ petition,” Mr. Singhvi said.
On his part, Election Commission of India counsel Tarun Rao Kallakuru besides stated that the quality could beryllium resolved lone by mode of filing an predetermination petition and not done a writ petition. He said, it would beryllium intolerable for a postal ballot to person got despatched to a incorrect constituency erstwhile specified despatch happens connected the ground of postal pincode numbers.
After proceeding each of them, the judges directed the ECI to record its submissions successful penning and adjourned the lawsuit to Monday (May 11, 2026).
