Madras High Court Issues Notice On Plea Challenging Election Of DMK MP Dayanidhi Maran

Justice Anand Venkatesh ordered notice to the Election Commission of India, The Chief Electoral Officer of Tamil Nadu, the Returning Officer of Chennai Central Loksabha Constituency, and Dayanidhi Maran returnable by September 27.

The petition was filed by ML Ravi, an Advocate who had also contested from the same constituency. In his plea, Ravi claimed that the election to the Chennai Central constituency was not free and fair and alleged that there were corrupt practices during the election. He thus sought to declare the election to the constituency null and void.

In his petition, Ravi alleged that even after the campaigning period ended on 17^th April 2024, Maran's party continued to advertise through all major newspapers in the State which was in violation of Sections 123 and 126 of the Representation of Peoples Act. He added that even though there were clear instructions from the Election Commission to maintain Section 126 strictly in letter and spirit, the party continued to release and publish advertisements in the daily newspapers to influence and induce the voters.

It was also alleged that the expenses incurred for making these advertisements and stickers were not accounted or reflected in the election expenditure accounts submitted by Dayanidhi Maran. It was also pointed out that Maran had suppressed the expenditure incurred on the Polling Day booth agents.

Ravi argued that as per Section 77(1) of the Representation of Peoples Act, the candidates had to mandatorily keep a separate and correct account of all the expenditure incurred or authorized by him or his election agent between the date of his nomination and the date of declaration of results and such declared amount shall not exceed the amount prescribed under the Act. He added that in the present case, the expenditure incurred by Maran was much above the prescribed limit which was a corrupt practice under the Act.

Ravi thus alleged that Maran had flouted all the laws that were brought in to ensure a free and fair election. Thus, he sought to declare the election null and void.

Case Title: ML Ravi v Election Commission of India and Others

Case No: ELP 2 of 2024