The Madras High Court today upheld the election of DMK's M Subramanian from Saidapet Assembly constituency in the 2016 state elections.
Rejecting a plea by S Parthiban, who contested in the poll as Independent, seeking to declare the election of Subramanian as null and void, Justice P Kalaiyarasan said the petitioner got only 87 votes and Subramanaian 79,279 votes.
"The mandate of the people as expressed at the hustings must prevail and be respected by the courts and that is why the election of successful candidate is not to be set aside lightly," the judge said.
"However, if there was commission of corrupt practise by a candidate, the result of the election does not echo the true voice of the people, then the election of a candidate shall be declared to be void," the judge said.
An election petition could be summarily dismissed if it does not furnish cause of action. However, none of the allegations made in the election petition discloses the cause of action, justice Kalaiyarasan said.
Parthiban had submitted that in Form-2B, Subramanian left certain columns blank and furnished false information regarding the property of his wife.
Rejecting all the contentions raised by Parthiban, the judge dismissed the petition.
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