Court Upholds Bar on Writ Petitions for Election Disputes, Directs Petitioners to File Election Petitions
In a significant ruling, the Madras High Court dismissed a writ petition filed by V. Vignesh challenging the financial disclosure of a candidate in an election affidavit. The division bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, ruled that the petition was not maintainable under Article 329(b) of the Constitution of India. This provision bars the questioning of elections to Parliament or State Legislatures through any means other than an election petition.
The petitioner, V. Vignesh, sought a directive for an inquiry into the financial disclosures made by the fifth respondent in an election affidavit filed under Form 26. The petitioner demanded the report be made public before the upcoming General Assembly Elections on April 23, 2026.
In their judgment, the bench cited the Representation of the People Act, 1951, specifically Section 100, which outlines that disputes regarding the validity of elections can only be raised through an election petition after the elections. Furthermore, the court referred to the Supreme Court’s precedent in Kisan Shankar Kathore v. Arun Dattatray Sawant (2014) 14 SCC 162, emphasizing that detailed inquiries into election affidavit objections should be conducted post-election through appropriate election petitions.
Chief Justice Dharmadhikari, while delivering the judgment, reiterated that non-disclosure or misinformation in election affidavits, although a valid ground for setting aside elections, cannot be addressed via a writ petition. The court underscored the role of the Returning Officer during nomination filings, noting that while a summary inquiry is possible, a detailed examination is reserved for the election petition stage.
Ultimately, the court dismissed the writ petition, granting the petitioner the liberty to pursue remedies as per the law, without imposing any costs.
Bottom line:-
A writ petition seeking an inquiry into a candidate's financial disclosure in an election affidavit is not maintainable due to the bar under Article 329(b) of the Constitution of India, and such matters must be raised through an election petition under the Representation of the People Act, 1951.
Statutory provision(s): Article 226, Article 329(b) of the Constitution of India, Section 100 of the Representation of the People Act, 1951
