Chennai: The Madras High Court on Thursday nullified the 2019 election of OP Ravindranath Kumar, Tamil Nadu’s lone MP belonging to the National Democratic Alliance (NDA), from Theni Lok, holding that he had concealed his assets and sources of income in the election affidavit. Assembly seat. The court held Kumar guilty of filing a faulty enrollment affidavit.
However, on the request of Kumar’s lawyer AK Sriram, Justice SS Sundar stayed the judgment for 30 days to allow Kumar to appeal to the Supreme Court.
Kumar, who is the son of former chief minister and expelled leader of the All India Anna Dravida Munnetra Kazhagam (AIADMK) O. Panneerselvam (OPS), was the sole winner of the AIADMK-BJP alliance in the 2019 Lok Sabha elections, where the Dravida Munnetra Kazhagam (DMK) and Its allies won 38 out of 39 seats in the state.
While the AIADMK has denied involvement in the matter, saying that OPS and Kumar are no longer part of the party, the DMK described it as a “historic decision”.
Kumar and his father were expelled from the AIADMK last year for alleged “anti-party activities”.
In December 2021, AIADMK witnessed a factional feud between OPS and Edappadi K Palaniswami (EPS). In february This year, the Supreme Court recognized EPS as the head of the AIADMK. Earlier, in July last year, the AIADMK General Council, comprising 2,460 of its nearly 2,600 members, unanimously elected EPS as its leader and ousted OPS and his supporters.
petition against kumar
P. Milani, a Theni voter, had filed a petition under Section 81 of the Representation of the People Act 1951 in 2019, challenging Kumar’s election. They accused him of misusing his father’s position as the then Deputy Chief Minister and using government resources to win elections.
The petition, which ThePrint has accessed, also alleges that Kumar’s brother had distributed sarees worth Rs 1,000 to bribe voters to vote in the 2019 Lok Sabha elections. Milani also alleged that Kumar had not disclosed his stake in a private company in his nomination affidavit.
The court said in its judgment, “This court is of the view that the affidavit filed under Rule 4[A] The Conduct of Elections Rules, 1961 have not been validly made. Further, this Court is of the view that the Returned Candidate (OP Ravindranath) has alienated his property equal to the value of 15,000 equity shares in M/s Vani Fabrics Pvt. Ltd. in favor of his brother and other properties and sources as alleged by the Returned Candidate. has been transferred. of income, as admitted by him.
“Further, the third respondent has given false information in the election affidavit filed under Rule 4[A] Conduct of Elections Rules, 1961,” it added.
ThePrint has accessed the verdict.
The court also noted that the Returning Officer failed to conduct a summary inquiry during the scrutiny of nominations as per law.
On the issue of corrupt practice in elections, the court held that the petitioner was unable to establish corrupt practice as defined under section 123 (any gift, offer or promise by a candidate or his agent) of the Representation of the People Act, 1951. any other person with the consent of a candidate or his election agent for any satisfaction).
Announcement of Kumar’s election void On the basis of improper acceptance of nomination and suppression of sources of income in the election affidavit, the court held that his nomination was wrongly accepted and his election was set aside.
Interestingly, Milani has also filed a case against former CM and AIADMK general secretary EPS in the Salem judicial magistrate court, alleging that he has declared his assets in his nomination papers for the Edappadi assembly seat in the 2021 state assembly elections. And lied about education. The matter is currently sub judice.
‘Historic Verdict’
In the 2019 Lok Sabha elections, Kumar faced EVKS Elangovan of the Congress and Thanga Tamilselvan of the TTV Dhinakaran-led Amma Makkal Munnetra Kazhagam and won by a huge margin of 76,672 votes.
Thanga Tamilselvan, who switched to the DMK in June 2019 and is now the DMK’s Theni district secretary, deposed as a witness in Kumar’s case.
Speaking to ThePrint on Thursday, Tamilselvan described the verdict as a “historic decision”.
“There is evidence that Kumar attempted to bribe voters during the election campaign, showed disrespect to election officials and violated the rules and regulations of the Election Commission by AIADMK members,” he said.
Tamilselvan said that, even if Kumar appealed to the Supreme Court, he would face a similar verdict.
“It is a good decision, but it would have been better if it had come earlier and there would have been a re-election in the constituency, which would have raised awareness among people,” he told ThePrint.
(Editing by Richa Mishra)