The Madras High Court is set to pronounce its verdict today on a writ petition filed by DMK president M.K. Stalin challenging the election results in the Kolathur Assembly constituency, where he was defeated by TVK candidate V.S. Babu.
A bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan is expected to pronounce the order at 10.30 a.m. The bench had reserved its order after hearing the matter on August 31.
In his petition, Stalin alleged irregularities in the voting process, claiming that verification of 14 electronic voting machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) machines revealed discrepancies. He has sought re-verification of all 286 voting machines used in the constituency.
The petition also seeks a recount of votes and a declaration that Babu’s election be set aside and Stalin be declared the winner.
Appearing for Stalin, senior counsel Kapil Sibal said his client had submitted an application on May 7 seeking post-counting checking and verification of the EVMs. However, the Election Commission of India (ECI) conducted the exercise only from July 29, which, he argued, amounted to a 45-day delay.
“The ECI, under the law, has to verify 5% of the EVMs immediately. This is the duty directed by the Supreme Court,” Sibal submitted.
Meanwhile, representing the ECI, senior counsels G. Rajagopalan and Dama Seshadri Naidu argued that Stalin’s writ petition was not maintainable. They submitted that the appropriate remedy available to him was to file an election petition under Section 80 of the Representation of the People Act.
Stalin, a three-time MLA from Kolathur, lost the seat by 8,795 votes as the TVK, led by actor-politician C. Joseph Vijay, made significant gains across the state. Babu attributed his victory to party chief Vijay and the anti-incumbency factor.
