Plea to restrain him from taking part in Assembly proceedings

The Supreme Court has been moved challenging the election of DMDK leader Vijayakant from Rishivanthiyam constituency and an interim injunction sought to restrain him from participating in the proceedings of the Tamil Nadu Legislative assembly.

In a special leave petition, M. Jayanthi challenged the judgment of the 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. Contending that irreparable and miscarriage of justice would be caused if the High Court judgment was not stayed, she prayed for quashing the judgment and an interim stay of its operation till the disposal of the SLP.

As an interim prayer she also sought an interim injunction to restrain Mr. Vijayakant from participating in the Assembly proceedings, voting or drawing salary or allowances as an MLA.


SC upholds Vijayakant’s election February 22, 2014

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