The Madras High Court on Monday upheld the election of former Union minister T.R. Baalu from the Sriperumbudur constituency in Lok Sabha elections held in May 2009.
Justice S. Rajeswaran dismissed two petitions filed by former minister of state A.K. Moorthy, the PMK nominee, and P. Nagaraj, an Independent candidate, challenging the election.
Mr. Baalu (DMK) defeated Mr. Moorthy by a margin of 25,034 votes while Mr. Nagaraj polled 503 votes.
The PMK candidate contended that there was a difference of 2,864 in the total number of votes polled and the number recorded in the EVMs as found in the segment-wise records.
There were numerous contradictions in the dispatch of EVMs and the actual machines in the particular polling booth and the results relating to the Pallavaram Assembly segment. Mr. Moorthy alleged that the machines were doctored to favour the DMK nominee.
Senior counsel P. Wilson argued that the sweeping allegations made against Mr. Baalu were not supported by material documents. There were no material facts to sustain the averments.
Citing Supreme Court judgments, Mr. Justice Rajeswaran, referring to the allegation of large-scale corrupt practice, said that Mr. Moorthy had made the allegations without sufficient material and source.
Regarding the difference of 2,864 votes, the Judge said that a duty had also been cast upon the election petitioner to give details about the defective EVMs. In its absence, it would be a mere allegation.
No merit in the allegation
The Judge did not find any merit in the allegation that Mr. Baalu had distributed booklets (mentioning his work as MP) and it was a corrupt practice.
