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Madras High Court Weighs Stalin’s Challenge to Kolathur Defeat
MK Stalin lost the Kolathur assembly election to VS Babu.
Babu won by 8,795 votes.
Stalin asked officials to check some electronic voting machines after the results.
He now wants every voting slip from the machines to be counted.
His lawyers say there were delays and technical problems during the checking process.
The Election Commission says Stalin used the wrong legal process to challenge the result.
The Madras High Court heard both sides on August 31.
It is expected to announce its order on September 3.
The Madras High Court is expected to rule on September 3 on MK Stalin’s challenge to his Kolathur election defeat.
TVK candidate VS Babu defeated Stalin by 8,795 votes, winning 82,997 votes to Stalin’s 74,202.
Stalin is seeking verification of all EVMs, counting of every VVPAT slip, and invalidation of Babu’s election.
He says delays and technical issues during verification harmed his ability to pursue a legal challenge.
The Election Commission argues that the case should have been filed as an election petition under the Representation of the People Act.
- Who
- Former Tamil Nadu Chief Minister and DMK president MK Stalin, TVK candidate VS Babu, and the Election Commission are involved in the case.
- What
- Stalin is challenging his Kolathur election defeat and seeking full VVPAT counting, invalidation of Babu’s election, and a declaration that he was elected.
- Where
- The dispute concerns the Kolathur assembly constituency in Tamil Nadu and is before the Madras High Court.
- When
- The High Court heard arguments on August 31 and is expected to pronounce its order on September 3; the election results were declared on May 4.
- Why
- Stalin cites delays in EVM verification and alleged technical and procedural issues, while the Election Commission disputes the legal maintainability of his writ petition.
Stalin’s Position
Election Commission’s Position
Legal route and delay
Stalin’s Position
Stalin’s side says he applied for EVM verification within the permitted period but should not lose his legal remedy because the authorities delayed the verification.
Election Commission’s Position
The Election Commission argues that the writ petition is not maintainable and that Stalin should have filed an election petition within the prescribed time.
Voting-machine verification
Stalin’s Position
Stalin seeks verification of all EVMs and counting of 100% of VVPAT slips, citing alleged technical and procedural discrepancies.
Election Commission’s Position
The Election Commission contests the legal basis of Stalin’s writ petition; the article does not state its specific response to each alleged discrepancy.
Election result
Stalin’s Position
Stalin seeks to invalidate VS Babu’s election and be declared elected from Kolathur.
Election Commission’s Position
The Election Commission is defending the procedural basis of the declared election result.
Key facts
- Winner
- VS Babu of TVK
- Winning margin
- 8,795 votes
- Vote totals
- Babu: 82,997; Stalin: 74,202
- EVM verification request
- Verification of 14 EVM sets, representing 5% of the 286 sets used
- Verification period
- The exercise began on July 29 and concluded on August 5
- Stalin’s demands
- Verification of all EVMs, counting of 100% of VVPAT slips, and invalidation of Babu’s election
- Election Commission’s argument
- The result can be challenged only through an election petition under the Representation of the People Act
Sources
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