The Madras High Court has upheld the election of CPI(M) candidate A. Laser from the Periyakulam (SC) constituency in the 2011 Assembly elections. Justice T. Mathivanan passed the order on an application by Mr. Laser.
Originally, M. Ganapathy of the BJP, a defeated candidate, challenged the election of the CPI(M) nominee. Even as the Election Petition (EP) was pending trial, the successful candidate filed an application, stating among other things that the EP did not contain valid verification of the pleadings and it was not accompanied by an affidavit in support of the allegation of corrupt practice and the particulars. Hence, the EP should be rejected in limine , he said.
Justice Mathivanan said the EP containing allegations of corrupt practice was filed without proper affidavit in support of the allegations. Mr. Ganapathy had specifically stated that Mr. Laser had spent more than Rs. 5 crore for the election. He had also said that he could prove that the latter had spent more than the limit allowed by law. However, admittedly, no details or particulars were furnished by the election petitioner.
Allowing Mr. Laser’s application, the Judge said that from the conduct of the petitioner, it could be easily presumed that he had miserably failed to prove the cause of action in respect of the allegation of corrupt practice made against the CPI(M) nominee.
