Madras HC To Hear DMK Leader's Plea Against TVK MLA-Elect Over One-Vote Win
The case, listed before the vacation bench comprising Justice L. Victoria Gowri and Justice N. Senthilkumar, is scheduled to come up for hearing at around 10.30 a.m. on May 10.
The legal battle stems from the fiercely contested Tiruppathur Assembly constituency in Sivaganga district, where the result emerged as one of the closest in Tamil Nadu's electoral history.
According to the official results declared by the Election Commission of India, TVK candidate Srinivasa Sethupathi secured 83,365 votes, edging out Dravida Munnetra Kazhagam candidate K.R. Periyakaruppan, who polled 83,364 votes, a margin of just one vote.
Alleging serious irregularities in the counting process, Periyakaruppan approached the High Court seeking a recount of votes and an interim injunction restraining Srinivasa Sethupathi from assuming office as a legislator until the dispute is resolved.
In his petition, the former minister has claimed that certain postal ballots for the Tiruppathur constituency in Sivaganga district were mistakenly transferred to another constituency of the same name in Tirupathur district.
Seeking immediate intervention from the court, Periyakaruppan has requested directions to retrieve and secure the allegedly misplaced postal ballots and include them in the final count for the Tiruppathur constituency in Sivaganga district.
He has also urged the court to direct the Election Commission to produce video recordings related to the recount verification process conducted during the counting of votes.
The petition has gained political significance amid the rapidly changing political landscape in Tamil Nadu following the Assembly election results, with TVK emerging as the single-largest party and moving towards government formation.
Legal experts said the High Court's decision on the interim plea could have important implications, particularly because the margin of victory is only a single vote, making every postal ballot crucial in determining the final outcome of the election.
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