Court Upholds Constitutional Bar on Election Disputes, Directs Petitioner to File Election Petition
In a significant ruling, the Madras High Court dismissed a writ petition filed by M.K. Stalin, challenging the election results of the Kolathur Assembly Constituency. The Division Bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, held that the petition was barred by Article 329(b) of the Constitution of India. The court emphasized that disputes related to election results must be resolved through an election petition as prescribed under the Representation of the People Act, 1951.
The case arose after M.K. Stalin, who contested from the Kolathur Assembly Constituency, challenged the election of the fourth respondent, who was declared elected. Stalin sought to quash the certification of the post-result verification process conducted by the District Election Officer and requested a 100% counting of VVPAT slips. He also sought to have the election of the returned candidate declared void and himself declared elected.
The court, however, found that the writ petition, in substance, questioned the election of the returned candidate, making it impermissible under Article 329(b). The judgment highlighted that the issues raised, including alleged procedural irregularities in the election process, were matters suitable for an election petition, which allows for a full trial and examination of evidence.
The court also addressed the argument regarding the 45-day limitation period for filing an election petition, which had elapsed due to delays in the verification process. The bench ruled that this circumstance could not override the constitutional bar on maintaining a writ petition for election disputes.
The ruling emphasized that allowing writ petitions in such cases could undermine the statutory scheme of election petitions, which are designed to handle election disputes with procedural safeguards like verified pleadings and trial mechanisms.
In dismissing the petition, the court granted liberty to M.K. Stalin to pursue an election petition before the appropriate forum, where all grounds, including those related to the verification process, could be contested.
Bottom Line:
Writ petition challenging election results and post-result verification process is barred by Article 329(b) of the Constitution of India. Remedy lies in filing an election petition before the appropriate forum.
Statutory provision(s): Article 329(b) of the Constitution of India, Section 80 of the Representation of the People Act, 1951, Section 100 of the Representation of the People Act, 1951, Article 226 of the Constitution of India, Section 97 of the Representation of the People Act, 1951.
M.K.Stalin v. Election Commission of India, (Madras)(DB) : Law Finder Doc id # 2972305
