Madras HC refuses Desiya Makkal Sakthi Katchi's plea to direct ECI to accept election nomination for Vikravandi by-election

The first division bench of acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq heard a petition moved by M Rajamanickam, Desiya Makkal Sakthi Katchi, farmer wing president seeking directions to accept his election nomination.

The counsel for ECI submitted the reasons to reject the election nomination of Rajamanickam and also said that the reasons were already sent through postal to the petitioner.

Advocate ML Ravi, representing the petitioner submitted the ECI accepted the nomination of ten other candidates from various parties who had the same discrepancies as of his client in their election affidavit and said this was a case of clear discrimination.

However, the bench refused the plea as the by-election process had already commenced and the court cannot interfere at this stage. Further, the bench allowed the petitioner to move an election petition challenging the by-election.

The petitioner contended that under section 36 of the Representation of People Act, 1951, the presiding officer must reveal the reason to reject an election nomination, whereas in this case, the presiding officer refused to disclose the reason for rejection.

While scrutinizing the nomination the presiding officer rejected the nomination as in Part A of the affidavit, he had stated his electoral roll constituency as Madurai West whereas in Part B it is stated as Vikravandi, said the petitioner.

It is not a substantial question for rejection and also not the ground for rejection as mandatorily specified by the ECI, the petitioner contended. The affidavit, Form 26 is to be considered as submitted and if any errors are found, it is not ground for rejection, the petitioner added