The Madras High Court on Thursday invalidated the 2019 election victory of P Ravindranath Kumar, who represented the All India Dravida Munnetra Kazhagam (AIADMK) in the Theni Lok Sabha constituency of Tamil Nadu. Kumar was the sole candidate from the AIADMK-NDA alliance to secure a win in the 2019 Lok Sabha polls, with the remaining 38 out of 39 seats being won by the DMK-led alliance.
Justice SS Sundar, presiding over the case, determined that Kumar, son of former Tamil Nadu Chief Minister O Panneerselvam, had concealed his income in his election affidavit. The judge also criticized the returning officer for accepting Kumar's nomination despite the suppression of information.
Nevertheless, the court granted a one-month stay on its order, permitting Kumar to appeal the decision before the Supreme Court.
The High Court's ruling was prompted by a petition filed by P Milany, who accused Kumar of withholding his assets and liabilities in Form 26 of his election affidavit, as required by Rule 4A of the Conduct of Election Rules, 1961. Milany, claiming to be a voter from Theni, further alleged that Kumar engaged in corrupt practices, including offering cash in exchange for votes.
While Justice Sundar dismissed the bribery and corrupt practices allegations due to insufficient evidence, he found that Kumar had deliberately concealed information in his election affidavit, based on the evidence presented and witness testimonies.
The court criticized the returning officer for displaying a biased attitude during the scrutiny of nominations and concluded that Kumar's nomination had been improperly accepted as a result.
Kumar's argument that the discrepancies were mere typographical errors was rejected by the court. It emphasized that condoning such non-disclosure would contradict the principles set by the Supreme Court to safeguard democracy, which are considered part of the basic structure of the Indian Constitution.
Advocate V Arun represented the petitioner P Milany, while Senior Counsels AK Sriram and G Prakash Kumar appeared for P Ravindranath Kumar.
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TAGS: Madras High Court election AIADMK P Ravindranath Kumar Theni Lok Sabha constituency Tamil Nadu 2019 set aside suppressed income election affidavit DMK alliance 2019 Lok Sabha polls Justice SS Sundar returning officer nomination P Milany assets and liabilities Form 26 Conduct of Election Rules 1961 corrupt practices cash for votes O Panneerselvam Supreme Court one-month stay appeal typographical error movable assets scrutiny of nominations biased attitude.
