Writ plea against nomination of Thangkabalu rejected

April 06, 2011 01:22 am | Updated 01:22 am IST - CHENNAI:

The Madras High Court on Tuesday dismissed a writ petition seeking a direction to the Returning Officer of Mylapore constituency here to reject the nomination papers filed by TNCC president K.V.Thangkabalu for the Assembly elections, as he has given incorrect and undervalued information regarding his as well as his spouse's assets.

In her petition, Vanathi Srinivasan, BJP's State secretary, said she had filed her nomination papers in the constituency. She had pointed out to the Returning Officer that the papers filed by Mr.Thangkabalu should be rejected because in his affidavit in the column for “spouse”, he should have given full and correct information regarding her assets, both movable and immovable, and liabilities. The candidate had also given improper information regarding his assets.

In its order, the First Bench comprising the Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam cited a Supreme Court judgment which said that verification of assets and liabilities by means of summary enquiry and rejection of nomination papers on grounds of furnishing wrong information or suppressing material information should not be enforced.

Hence, if the prayer in the writ petition were to be granted, it would be violating the Supreme Court's order. Therefore, the relief sought for by the petitioner could not be granted.

The Bench disposed of a petition by a proprietor of a knitted hosiery garments unit which was manufacturing hosiery with ‘murasu' logo. Petitioner S.Muralimohan of Vallam, Tirupur, said he apprehended that as the DMDK had been allotted the ‘murasu' symbol, his business would be affected because of restrictions imposed by the election authorities.

The court observed that the allotment of the symbol to any of the political parties would not in any way affect the petitioner's business and it would not amount to the petitioner having attachment with any political party.

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