Madras HC sets aside election of AIADMK candidate AK Bose

OBC, reservations, Tamil Nadu, fundamental rights, Scheduled Tribes, Scheduled castes
Justice N Anand Venkatesh gave the verdict while quashing a magistrate’s order to the Coimbatore Police to file a case against those who participated in the cutting of a cake decorated with the Tricolour motif in 2013. | Photo: Wikipedia

The Madras High Court, on March 23, set aside the election of Thiruparankundram AIADMK candidate AK Bose, who died last year, in a 2016 by-election, holding that there were violation of norms in affixing of then party chief Jayalalithaa’s thumb impression on his nomination papers.

Justice P Velmurugan gave the verdict allowing the election petition filed by P Saravanan, the losing DMK candidate.

He had challenged the victory of Bose in the November 2016 assembly bypoll on the ground that the thumb impression of Jayalalithaa was not genuine.

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At the time of filing of the nomination papers for the bypoll, Jayalaithaa, also chief minister of Tamil Nadu, was hospitalised for various complications. She died in December, 2016.

Quoting Supreme Court judgments and provisions of the Representation of People Act, the judge said affixing the thumb impression in Form A and B (by which a party authorises the candidature of its nominee) was generally not permissible under law.

The Election Commission which had allowed it due to the medical condition of Jayalalithaa should have specified that the thumb impression be obtained in the presence of an officer belonging to an administrative service not below the rank of sub divisional officer, he said.

No medical proof

Also, no medical proof was attached vouching for the illness of Jayalalithaa before the thumb impression was obtained and none of the witnesses had stated about her physical and mental status, the judge said.

He said both the commission as well as the state chief electoral officer had not taken any effective steps to ascertain the physical and mental status of Jayalalitha.

Rapping the EC, the judge said that the commission had instead permitted attestation of the thumb impression by a medical officer, which is contrary to the election laws laid down by the Supreme Court.

Mouthpiece of ruling party

He observed that the EC had acted as the mouthpiece of the ruling party and the returning officer of the constituency too did not follow the election laws and had accepted the nomination of Bose, knowing fully well it was materially defective.

“The Election Commission, being an independent body, it is very unfortunate; it was acting as mouthpiece of ruling party.

“Even, in evidence, no one has stated that they have seen Jayalalithaa and no one stated about the treatment, which had been given to her,” the judge said, adding since the former chief minister had died, there was no proof that she was in a conscious state of mind at that time.

At least, if she was alive, the court could have extracted truth regarding the thumb impression, he said.

The judge also faulted Balaji who was allowed to attest the thumb impression of Jayalalithaa, saying it was not done in the presence of the returning officer or the presiding officer or such other officer specified by the Election Commission.

With the judge delivering the verdict in the election petition, the decks have been cleared for holding by-elections in the Thiruparankundram constituency.

The EC, while scheduling by-elections to 18 vacant assembly seats in Tamil Nadu along with the Lok Sabha polls, had withheld polls in three other segments, including Thiruparankundram, citing pendency of election petitions.

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