Tamilaga Vettri Kazhagam (TVK) MLA R. Seenivasa Sethupathi has taken his case to the Supreme Court, contesting the Madras High Court’s temporary ruling that bars him from participating in any legislative assembly floor test due to a one-vote win in the Tiruppattur Assembly constituency. Senior advocate Abhishek Manu Singhvi presented the plea for urgent consideration before Chief Justice of India Surya Kant, leading to the Supreme Court scheduling a hearing for the next day. The Madras High Court’s vacation Bench had previously restrained Sethupathi from engaging in any voting activities in the Tamil Nadu Legislative Assembly until further notice.
The dispute arose after Sethupathi secured 83,365 votes, narrowly defeating former Tamil Nadu Minister and DMK leader K.R. Periakaruppan, who received 83,364 votes. Allegations of irregularities in the counting process surfaced, with Periakaruppan claiming that a postal ballot intended for one constituency was mistakenly sent to another, leading to its rejection. The Madras High Court’s interim order highlighted the significance of each vote in an election decided by a one-vote margin, emphasizing the need to address discrepancies in the electoral process seriously.
The High Court’s directive included instructions for election authorities to safeguard all relevant records, such as postal ballot details, rejected covers, EVM vote accounts, and counting-related materials. While clarifying that the ruling did not annul Sethupathi’s election victory or grant special privileges to Periakaruppan, the court underscored the exceptional nature of the case, emphasizing the importance of upholding electoral integrity and constitutional principles. The Election Commission of India’s argument that post-election disputes should be resolved through the Representation of the People Act, 1951, was countered by the High Court, which deemed the situation as requiring unique attention to maintain fairness and justice.
