The Supreme Court on Friday dismissed a special leave petition challenging the election of DMDK leader Vijayakant from the Rishivanthiyam constituency and seeking an interim injunction to restrain him from participating in the proceedings of the Assembly.
A Bench of Justices R.M. Lodha and Dipak Misra dismissed the SLP on the ground of delay at the admission stage after hearing counsel for the petitioner and counsel G.S. Mani, appearing for Mr. Vijayakant.
In a special leave petition, M. Jayanthi challenged the Madras High Court judgment rejecting her plea questioning Mr. Vijayakant’s election. She alleged that her nomination papers for the Rishivanthiyam constituency were snatched from her and destroyed by unidentified persons owing allegiance to Mr. Vijayakant.
Describing the rejection of her nomination as arbitrary and illegal, she wanted the court to declare Mr. Vijayakant’s election null and void. She contended that the rejection of her nomination by the Returning Officer was improper.
The High Court had failed to consider that the Returning Officer had not disclosed the reasons for rejection of the nomination papers. She said the benefit of doubt should go to her and her nomination should have been held to be valid. She said Mr. Vijayakant had been enjoying all the benefits as an MLA even as she had made out sufficient grounds for setting aside his election.
