Alliance MPs claims still continue in DMK; MHC dismisses petition against election victory
It is further averred by the petitioner that section 29A of the Representation of People Act, 1951, speaks about the registration of the political parties.
CHENNAI: Member of Parliament (MP) TR Paarivendhar, D Ravikumar, A Ganesha Moorthy, and P Chinaraj claimed to be continuing in DMK, recording the submission the Madras High Court (MHC) dismissed the case seeking to declare their parliamentary election victory as null and void.
Petitioner ML Ravi, president of Desiya Makkal Sakthi Katchi moved the MHC claiming that the B- form filed by the respondent MPs were false and to declare their election victory as null and void.
The case was listed before the first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy heard the petition.
The petitioner claimed that the respondent MPs being the office bearers of another party and contested in the 2019 parliament election with the 'Rising Sun' symbol, which is the symbol of DMK, the leader of the alliance.
The petitioner contended that the reserved symbols are allotted exclusively to the registered recognized political parties and free symbols are allocated to registered political parties and independent candidates.
It is further averred by the petitioner that section 29A of the Representation of People Act, 1951, speaks about the registration of the political parties.
The office bearers submitted affidavits that they are not members of any other political party and in addition, no member of the said party can be a member of any other political party, submitted the petitioner.
Further, it was submitted that Chinaraj, is a member and state executive of Kongu Makkal Desiya Katchi, D.Ravikumar is a member and general secretary of Viduthalai Chiruthaigal Katchi, A.Ganesamurthy is a member and district secretary of Marumalarchi Dravida Munnetra Khazagam and T.R.Paarivendhar is the founder and president of Indiya Jananayaka Katchi.
Hence, the B-form and election affidavit filed by the respondents are false and sought to declare their election as null and void.
The counsel for the respondent submitted that they are still with the DMK and contended that the petition should not be entertained as it is not assailed as an election petition.
After the submission, the bench dismissed the petition as it was not filed as an election petition under 329 of the Indian Constitution.