Madras High Court rejects plea against DMK candidate Senthil Balaji

CHENNAI: A division bench of the Madras High Court, which dismissed a plea for a direction to the Election Commission to reject the candidature of DMK candidate Senthil Balaji for Aravakurichi bypoll, also imposed a cost of `30,000 on the petitioner.

The bench, however, later reduced the cost to Rs 10,000 imposed on A P Geetha, women’s wing secretary of the Desiya Makkal Katchi, on Saturday. Petitioner contended that the earlier election to the constituency was postponed on account of alleged large-scale corrupt practices by Balaji, who was then in the AIADMK, He was later suspended by the Assembly secretary along with 17 other MLAs. Hence, he should not be permitted to contest the by-election.

Balaji’s senior counsel P Wilson told the judges that the petition lacked bona fide. She filed a similar one in 2016, which was dismissed by the first bench headed by the then Chief Justice. The same petitioner had filed a petition challenging the election of Senthil Balaji before his disqualification by the Speaker, he said. The disqualification of a candidate under Schedule X did not attract disqualification of the candidate from contesting the subsequent election, Wilson added.

ECI counsel R Nirajan submitted that the petition was not maintainable. Only an election petition can be filed after the election is over, he added.