The Madras high court on Thursday declared as "null and void" the 2019 election of expelled All India Anna Dravida Munnetra Kazhagam member O P Ravindhranath from Tamil Nadu's Theni parliamentary constituency while allowing an election petition filed against him.
Ravindhranath is the son of deposed AIADMK leader and former Tamil Nadu chief minister O Panneerselvam.
Justice SS Sundar gave the ruling on a petition filed by a one P Milany from Theni constituency.
According to advocate V Arun, counsel for Milany, the petitioner contended that Ravindhranath, while filing his nomination for the election, had suppressed various materials, including the particulars of his movable and immovable assets and liabilities, and those of his family members.
The suppression of facts materially affected the election, the lawyer said. Hence Milany filed the present election petition.
"Admittedly, in this case, as spoken by the returning officer, the nomination of 3rd respondent (Ravindhranath) was accepted by the returning officer on the date of scrutiny. On the date of scrutiny, the objection raised by a third party, Arappor Iyakkam, is a valid objection and the non-disclosure/false disclosure is admitted by the 3rd respondent himself by submitting an affidavit after scrutiny contrary to statutory provisions and the guidelines given in hand book for returning officer," the judge said.
"This shows that the returning officer, who was supposed to consider the objection on the date of scrutiny of nomination, failed to do that and has accepted the nomination without an explanation or correction. As a consequence, this court holds that the nomination of 3rd respondent has been improperly accepted by the returning officer," the court said.
The counsel appearing for Ravindhranath argued that the suppression has not materially affected the result of the election.
The court said the counsel had pointed out that the 3rd respondent won the election with a huge margin of 76,000 votes, and that his election in this case cannot be declared as void on the ground of suppression.
The judge said that the Supreme Court, in an earlier case, has rejected the contention of the returned candidate that under Section 100[1][d] of the RP Act, 1951, there must be proof that the result of the election was materially affected by improper acceptance of nomination.
"Suppression is proved. As a consequence, this court holds that the nomination of the returned candidate had been improperly accepted. In view of the conclusions reached above on all issues, this court has to allow the election petition and declare the election of the 3rd respondent/returned candidate as void."
"In the result, the election petition in ELP.No.4/2019 is allowed and the election of 3rd respondent/returned candidate on 23.05.2019 from No.33, Theni parliamentary constituency is declared as null and void," the judge ruled.
Immediately after his election as the then interim general secretary of the AIADMK in July last year, party chief Edappadi K Palaniswami had expelled his rival Panneerselvam and Ravindhranath among others from the party.
Palaniswami had later written to Lok Sabha Speaker Om Birla that Ravindranath was no longer with the AIADMK and that he should not be considered as an MP representing the party.
In effect, the AIADMK is left with no Lok Sabha member as Ravindhranath was the lone successful party candidate in 2019 when the DMK and its allies swept the elections.
Ravindhranath had then defeated Congress veteran EVKS Elangovan.
