The Supreme Court on Friday dismissed a special leave petition challenging the election of DMDK leader Vijayakant from Rishivanthiyam constituency and seeking an interim injunction to restrain him from participating in the proceedings of the Tamil Nadu Legislative Assembly.Delay in filing
A Bench of Justices R.M. Lodha and Dipak Misra had on February 21 dismissed the SLP on the ground of delay in filing the appeal.
Later on a mention being made that there was no delay, the petition was restored and taken up for hearing again on Friday.
S. Gowtham, counsel for the appellant M. Jayanthi, contended that the nomination paper of Ms. Jayanthi was wrongly rejected and the rules were not followed. He alleged that no time limit was given to her to rectify the defects.
Justice Lodha, however, told the counsel that the High Court had passed a reasoned order and given reasons why her nomination paper was validly rejected.
There was no ground to interfere with the High Court, the Bench said and dismissed the SLP. Counsel G.S. Mani, appeared for Vijayakant.
In a special leave petition, M. Jayanthi challenged the judgment of the Madras High Court rejecting her plea questioning Mr. Vijayakant’s election.
She alleged that her nomination papers for the Rishvanthiyam 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 election of Mr. Vijayakant null and void. She contended that the rejection of her nomination by the returning officer in the polls was improper.
She said the High Court 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 continuously enjoying all the benefits as an MLA even as she had made out sufficient grounds for setting aside his election.
She prayed for quashing the judgment and an interim stay of its operation till the disposal of the SLP.