The Hindu : Front Page : AIADMK MLA’s election declared void

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AIADMK MLA’s election declared void

K.T. Sangameswaran

Order stayed for three weeks to enable Chandra of Rajapalayam to file appeal

CHENNAI: The Madras High Court has declared void the election of the AIADMK candidate from Rajapalayam (SC) in the 2006 Assembly elections.

In his order, Justice C. Nagappan said the candidate, M. Chandra, should pay Rs.5,000 in cost to the petitioner. He, however, stayed the operation of the order for three weeks to enable the petitioner to file appeal.

In the petition challenging Ms. Chandra’s election, M. Thangamuthu said he contested from the constituency in 2006 as an Independent on the ‘finger ring’ symbol. Ms. Chandra, cited as the first respondent, contested on the AIADMK symbol.

She entered the fray, claiming to be a member of the Scheduled Caste, by filing a false declaration suppressing material facts and procuring and supplying false documents.

Her original name was Glory Chandra. She was born to Christian parents Navakumar and Santhosapackiam. As per school records, she belonged to the Indian Christian Pallan community. These material facts were suppressed by her.

The MLA said she belonged to the SC (Pallan) and was recognised by the community members. She also denied the allegation that she had filed a false declaration.

The judge held that the returned candidate had suppressed the fact that as per school records, she was a Christian. She had made a false declaration about her community status. She had not produced any acceptable evidence to show that she had converted to Hinduism and was accepted by the Hindu Pallan community. Furthermore, she had not established that she was professing faith in Hinduism.

Petition dismissed

Justice M. Jeyapaul on Tuesday dismissed an election petition filed by the AIADMK candidate from Cheranmahadevi, challenging the election of P. Veldurai of the Congress.

In the petition seeking to declare the election of Veldurai null and void, Paul Manoj Pandian submitted that the returned candidate was disqualified to be chosen to fill any seat in the Assembly as he had a subsisting contract with the State government on the date of election and subsequently.

Mr. Justice Jeyapaul said the petitioner had failed to establish that there was subsistence of contract in favour of the returned candidate as on the date of filing nomination.

There was lawful termination of contract by the Divisional Engineer, NABARD and Rural Roads, Nagercoil. There was also proper ratification of the order of termination by the Superintending Engineer, NABARD and Rural Roads. The termination was in accordance with a government order. The petitioner had failed to establish any other ground to set aside the election.

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