No evidence of bribery to RK Nagar voters, says HC; upholds Dhinakaran election

TNN | Jun 21, 2018, 01:06 IST

Chennai: Giving a clean chit to Amma Makkal Munnetra Kazhagam (AMMK) leader T T V Dhinakaran, the Madras high court on Wednesday dismissed a petition challenging his election from R K Nagar assembly constituency. 

Noting that there was no material evidence to show that Dhinakaran had bribed voters during the December 2017 bypoll, Justice G Jayachandran dismissed the election petition filed by an independent candidate M L Ravi. He had secured 246 votes in the byelection, caused by the death of former chief minister Jayalalithaa.
“As cautioned by the Supreme Court, the will of the people of RK Nagar constituency reflected in returned candidate as their representative to the assembly. He should not be dragged to contest to defend vague allegations based on reports of social media and press without any substantiate and corroborative materials,” said Justice Jayachandran in his order.
“The complaints sent by the petitioner to the Election Commission falls short of material facts. The complaints are vague, bald and contains only general allegations that the candidates of recognised political parties are spending over and other than the permissible limits. A plain reading of the election petition and the affidavit accompanying the petition does not make out any specific material fact which specifically attributes Dhinakaran for corrupt practices. The petitioner is unable to say who is the ‘somebody’ who distributed currencies to voters for voting in favour of whom,” Justice Jayachandran said. 

‘An election petition shall contain a conscience statement of material facts on which the petitioner relies in case, if he pleads corrupt practice. Then the petitioner must put forth all the particulars of such corrupt practice in the petition. This court finds that the averments put forth in the petition lacks material facts to form triable issues and also does not satisfy the mandatory requirement laid down under the Act,” Justice Jayachandran said.

In his petition, Ravi said the byelection was marred by corrupt poll practices and the process was not free and fair. Denying the allegations, Dhinakaran submitted that the basis of the petition was “fraudulently untenable, misconceived, misdirected and full of falsehood.” The allegations were not substantiated with material evidence and the plea deserves to be dismissed, he said.