HC dismisses plea to reject Thirumavalavan’s poll petition

The Madras High Court on Tuesday dismissed an application filed by Kattumannarkovil MLA N. Murugumaran of All India Anna Dravida Munnetra Kazhagam (AIADMK) to reject an election petition preferred by Vidulathalai Chiruthaigal Katchi (VCK) leader Thol Thirumavalavan challenging the former’s election in 2016.

Justice M. Duraiswamy refused to entertain the application on the ground that the allegations of electoral corruption and several other charges levelled against the winning candidate in the election petition could not be construed as vague even before the losing candidate could be given an opportunity to produce evidence.

“Whether the allegation has got basis, or whether they are scandalous, can be established by the parties only at the time of trial by letting in oral and documentary evidences. If the first respondent/election petitioner is able to establish his case by adducing oral and documentary evidences, the case of the election petitioner should be accepted,” the judge said.

Another application

He, however, partly allowed another application filed by the MLA to strike down certain paragraphs in the election petitioner’s plaint. The judge struck down four paragraphs and refused to strike 11 other paragraphs.

He held that striking down all the paragraphs in the plaint would amount to dismissing the election petition without providing an opportunity to the petitioner to adduce evidence.