The Madras High Court today refused to dismiss a petition challenging the election of AIADMK candidate and Tamil Nadu minister S Saroja from Rasipuram constituency in the 2016 assembly elections.
Justice V Bharathidasan dismissed a miscellaneous petition by Social Welfare Minister Saroja, seeking to quash the election petition filed by losing DMK candidate V P Duraiswamy.
The DMK leader challenged the election of Saroja, alleging she indulged in corrupt practices.
He, however, partly allowed her plea and set aside portions of the pleadings (paras 11, 14, 15 and 17) in Duraiswamy's petition holding that they were vague and contained only general allegations, bereft of full particulars regarding alleged corrupt practices.
After going through the pleadings, which Saroja wanted to be deleted, the judge said, except the four paragraphs, the others contained material facts regarding corrupt practice allegedly committed by her.
They also pointed out lapses allegedly committed by the Election Commission in rectifying the electoral roll and also the 'failure' on its part to strictly enforce the model code of conduct to ensure a free and fair election, he said.
"These averments, in the considered opinion of this court, constitute a complete cause of action for trial and in the above circumstance, the election petition does not deserve a rejection at its threshold," the judge said.
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