The Madras High Court on Thursday dismissed an application by Leader of the Opposition in the Tamil Nadu Assembly Vijayakant, seeking to strike off a sentence in the election petition against him. He was elected to the Assembly from the Rishivanthiyam constituency in April last year.
M. Jayanthi, wife of R. Moorthy of Virugambakkam here, whose nomination was rejected by the Returning Officer in the constituency, had filed the election petition.
Mr. Vijayakant had filed an application seeking to strike off a sentence in the election petition that stated that the Returning Officer committed several mistakes and irregularities and had taken sides with Mr. Vijayakant to ensure his success.
Mr. Vijayakant submitted that the allegation was “scandalous, frivolous and vexatious.” This would prejudice, embarrass and delay fair trial in the election petition.
Justice K. Venkataraman said Mr. Vijayakant could not file the application after moving an application to reject the election petition against him. The plea had to be taken as a whole and could not be taken in part by filing applications.
He should not give room to the other side to allege that he was trying to drag the matter endlessly to ensure that the election petition was not disposed of at the earliest. Further more, the legislator had also filed an application seeking to condone the delay in filing the counter to the election petition which had been allowed by the court. Now if the present application was entertained, Mrs. Jayanthi’s contention that Mr. Vijayakant was dragging the matter would appear to be true, the judge said.