'Atrocious': SC stays order barring TVK MLA from assembly proceedings
What's the story
The Supreme Court has stayed a Madras High Court order barring Tamilaga Vettri Kazhagam (TVK) MLA R Seenivasa Sethupathi from voting in any floor tests or from participating in the legislative proceedings of the Tamil Nadu Assembly. The apex court termed the high court's decision "atrocious to say the least," as it was passed on an Article 226 petition filed by Sethupathi's opponent, not an election petition as required by law.
Election dispute
Periakaruppan filed petition in Madras HC
Sethupathi won the recent assembly election from No. 185 Tiruppattur constituency in Sivagangai district by a single vote against KR Periakaruppan of the Dravida Munnetra Kazhagam (DMK). Periakaruppan then approached the Madras High Court, alleging irregularities in counting and a postal ballot sent to the wrong constituency. On Tuesday, the High Court passed an interim order restraining Sethupathi from participating in legislative assembly proceedings till further orders.
Legal proceedings
How can an Article 226 petition be filed: SC
Sethupathi then approached the top court against the high court order. The Supreme Court stayed the Madras High Court's order and asked how Periakaruppan could file an Article 226 petition instead of an election petition. Senior Advocate Abhishek Manu Singhvi, representing Sethupathi, said the Election Commission of India (ECI) supported his client. The Supreme Court has given two weeks to Periakaruppan and other respondents to file their counter-affidavit on Sethupathi's plea.
Legal timeline
Respondents given 2 weeks to file counter-affidavit
Appearing for Periakaruppan, senior advocate, Mukul Rohatgi sought to highlight the facts of the case. "This is constituency 185; there is constituency of the same name. It transpired that one postal ballot reached constituency 50. Had it come to the correct postal address, there would have been a tie....In the counter, ECI says there is no provision! Section 100 provides counting with regard to votes before the officer," Rohatgi said. The SC after brief hearing stayed the high court's order.