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Justice G.R. Swaminathan of the Madras High Court connected Friday (May 29, 2026) narrated a idiosyncratic incidental and said, therefore, it was worthy going into the contented of Chief Minister C. Joseph Vijay having made an entreaty to children to guarantee that the adults successful their families ballot for his Tamilaga Vettri Kazhagam (TVK) enactment during the 2026 Tamil Nadu Legislative Assembly polls.
Presiding implicit a summertime abrogation Bench on with Justice V. Lakshminarayanan, the elder justice told elder counsel S. Muralidhar, (a retired Chief Justice) representing TVK, that helium was unwell astir 3 weeks agone and hence, paid a sojourn to his household doc successful Madurai. “He (the doctor) said that erstwhile helium was astir to spell for voting, his grandchild said, Thatha you indispensable ballot lone for...”
Responding to it, Mr. Muralidhar made the infinitesimal lighter by saying: “We person successful our tradition, children advising the father. Your Lordship’s sanction besides symbolises that.” The elder counsel was referring to the meaning of the sanction Swaminathan (‘Teacher of the Lord’), the different sanction of Lord Murugan who according to a fable had turned into a Guru to his begetter Lord Shiva.
When the judges said they shall admit the lawsuit filed by Cuddalore based advocator L. Vasuki and assistance clip for TVK to record its antagonistic affidavit, the elder counsel replied that determination was a occupation successful admitting the lawsuit arsenic a nationalist involvement litigation petition. He urged the tribunal to simply adjourn the substance truthful that helium could survey the substance successful item earlier filing the antagonistic affidavit.
“The petition is wholly based connected quality reports. Your Lordships whitethorn licence a due reply oregon effect to beryllium filed due to the fact that it involves precise absorbing questions of instrumentality connected the powers of the Election Commission of India (EC),”he said and highlighted that adjacent violations of Model Code of Conduct could beryllium gone into by the Commission lone during elections and not aft the declaration of results.
“Once the predetermination gets over, the EC goes retired of the picture. Any allegation of electoral corrupt signifier raised, thereafter, could beryllium dealt with lone successful idiosyncratic predetermination petitions. So, the question present truly is what are the powers of the ECI, aft the decision of the elections, to behaviour an enquiry arsenic sought by the contiguous petitioner,” Mr. Muralidhar told the Division Bench.
Further, stating that Section 123 of the Representation of the People Act, 1951 presumption ‘undue influence’ arsenic a corrupt practice, helium said: “The adjective utilized successful the Act is ‘undue.’ Now what tin represent undue power would person to beryllium tested vis-a-vis the predetermination of idiosyncratic candidates due to the fact that determination is nary conception of disqualifying a party. There’s lone a effect of derecognition of party.”
He urged the tribunal to assistance him immoderate clip to survey the contented successful extent and past assistance the court. On his part, elder counsel N.R. Elango and S.R. Rajagopal representing Dravida Munnetra Kazhagam (DMK) and All India Anna Dravida Munnetra Kazhagam (AIADMK) respectively told the tribunal the allegation levelled by the PIL petitioner against their clients was antithetic from the 1 levelled against TVK.
Since DMK and AIADMK had been accused of bribing voters successful Alangulam, Mylapore, and Thirumangalam constituencies, the lone remedy is to record predetermination petitions and not a PIL petition, the counsel said. Taking a excavation astatine them, Justice Swaminathan said: “Mr. Rajagopal, I deliberation you indispensable sail with him (Mr. Elango).” Later, the Division Bench adjourned the proceeding to July 1, 2026, for filing of antagonistic affidavits by each the respondents.
