LS polls: File election petitions in case of complaints, not PILs

The petitions ranged from seeking disqualification of some candidates on various grounds to independent candidates challenging their rejection ofnomination.

The division bench comprising Justice S Manikumar and Justice Subramonimum Prasad, which heard all the election related petitions moved both at the Principal seat and the circuit bench at Madurai, dismissed them mainly on grounds of non-maintainability.

A plea moved by GC Ramasamy contended that his nominations for Hosur Assembly Constituency was returned due to non-filling of column no 6 of Part-A. Thereafter, he had prepared a fresh affidavit and presented it before the election officials. But the Returning Officer rejected the nomination. Aggrieved by this, he sought for a direction to accept the nomination form, alleging that his petition was rejected without giving any opportunity.

However, the bench held that any ground of attack against nomination should be by way of filing an election petition and does not warrant exercise of the court’s extraordinary jurisdiction under Article 226 of the Constitution. It also held that if any irregularities were committed while election was in progress, they must be challenged by way of an election petition.

Another plea sought for a direction to reject actor Manzoor Ali Khan’s nomination for allegedly giving false details in his affidavit that the construction on his property was to the extent of 2,830 square feet while structure was allegedly 5,660 square feet.

However, the bench cited Section 8 of the Representation of the People Act, 1951, which deals with disqualification on conviction for certain offences, and Section 8-A that deals with disqualification on the ground of corrupt practices, and held that the Act makes it clear that a candidate could be disqualified only if convicted. Hence, as the actor has not been convicted for any of the offences, he could not be disqualified, the bench said.

The bench also noted Article 329(b) of the Constitution that no election shall be called in question except by an election petition, andsaid the petition to reject the nomination papers was not maintainable in view of the Statutory bar.