The Election Commission of India has opposed a plea by DMK candidate K.R. Periakaruppan regarding a postal ballot discrepancy in the Tiruppattur Assembly constituency in Sivaganga district during the recent Tamil Nadu Assembly elections. The Commission informed the Madras High Court that once election results are officially declared, its authority becomes limited, and any disputes must be resolved through an election petition.
A vacation bench at the High Court reserved its orders on the writ petition filed by Periakaruppan, who claimed that a postal ballot intended for Tiruppattur Assembly constituency No. 185 had been mistakenly sent to a different constituency during the counting process. The Election Commission stated that the issue was not raised during counting but emerged after the election results were announced.
The Commission highlighted that the petitioner failed to provide substantial documentary evidence to support the claim, apart from an affidavit. The ECI’s senior counsel argued that once election results are declared, the Returning Officer’s authority ends, and challenges must be pursued through an election petition, not a writ petition under Article 226 of the Constitution.
Senior counsel for Periakaruppan argued that the Election Commission did not specifically refute the claim of the postal ballot being sent to the wrong constituency in its counter-affidavit. The case arose from the Tamil Nadu Assembly election results where a narrow victory in Tiruppattur constituency led to a one-vote difference between the DMK and TVK candidates.
