The Madras High Court has issued a notice in response to a petition challenging the election of MP Dayanidhi Maran from the Chennai Central constituency.
Justice Anand Venkatesh has directed the Election Commission of India, the Chief Electoral Officer of Tamil Nadu, the Returning Officer of the Chennai Central Lok Sabha constituency, and Dayanidhi Maran to respond by September 27.
The petition, filed by ML Ravi, an advocate who also contested from the same constituency, alleges that the election to the Chennai Central constituency was marred by corruption and did not meet the standards of a free and fair election. Ravi has requested that the election be declared null and void.
In his petition, Ravi alleged that, despite the campaigning period ending on April 17, 2024, Maran's party continued to advertise in major newspapers across the state. He claimed this was a violation of Sections 123 and 126 of the Representation of Peoples Act. Ravi further noted that, despite clear instructions from the Election Commission to adhere strictly to Section 126, the party persisted in publishing advertisements to influence and induce voters.
The petition also alleges that the expenses for these advertisements and stickers were not accounted for or reflected in the election expenditure accounts submitted by Dayanidhi Maran. Additionally, it was noted that Maran had failed to disclose the expenditure incurred on booth agents on Polling Day.
Ravi argued that under Section 77(1) of the Representation of Peoples Act, candidates are required to maintain a separate and accurate account of all expenditures incurred or authorized by them or their election agents between the date of nomination and the declaration of results. He contended that the declared expenditure must not exceed the amount prescribed by the Act.
He added that Maran's expenditure exceeded the prescribed limit, constituting a corrupt practice under the Act. Ravi alleged that Maran had violated laws designed to ensure a free and fair election and, therefore, sought to have the election declared null and void.
Case Title: ML Ravi v Election Commission of India and Others
Case No: ELP 2 of 2024
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