CJI refuses to stay poll petition against Kanimozhi

A bench headed by Chief Justice SA Bobde, however, refused to stay the proceedings on the election petition filed by a voter A Sanathana Kumar before the Madras High Court.

“Issue notice (on the plea of Kanimozhi),” said the bench which also comprised Justices BR Gavai and Surya Kant.

The Madras High Court had earlier rejected the plea of Kanimozhi seeking dismissal of two election petitions filed by the voter and a BJP leader separately challenging her election to the Lok Sabha. The election petition should necessarily be taken to its logical end, it said.

It has been alleged in the petitions before the High Court that Kanimozhi failed to mention her husband’s Permanent Account Number (PAN) in her election affidavit disclosing family assets.

While dismissing Kanimozhi’s plea, the High Court had said that the election petitioner must be given a chance to marshal evidence to prove his claim of improper acceptance of nomination. The DMK leader said her husband was an NRI living in Singapore and he neither possessed a PAN card nor does he pay any Income Tax in India.

Kanimozhi had defeated her nearest rival Tamilisai Soundararajan (now Governor of Telangana) of BJP.

Another plea challenging the election of Kanimozhi was filed by Tamilisai, who withdrew the plea after becoming the Governor of Telangana. A Muthuramalingam, a local BJP leader, has substituted Tamilisai as a party in the High Court.