Chennai, May 11 The Election Commission of India (ECI), opposing a plea filed by DMK candidate K.R. Periakaruppan over an alleged postal ballot discrepancy in the Tiruppattur Assembly constituency in Sivaganga district in the recent Tamil Nadu Assembly elections, on Monday informed the Madras High Court that once election results are officially declared, its powers become limited and any subsequent dispute can only be adjudicated through an election petition.
A vacation bench comprising Justice Victoria Gowri and Justice N. Senthilkumar reserved its orders on the writ petition filed by Periakaruppan, who alleged that a postal ballot meant for Tiruppattur Assembly constituency No. 185 in Sivaganga district had been mistakenly sent to Tiruppattur Assembly constituency No. 50 in Tiruppattur district near Vellore during the counting process.
During the hearing, the ECI filed a counter-affidavit through Tamil Nadu Chief Electoral Officer Archana Patnaik, stating that the issue regarding the alleged postal ballot mix-up was never raised during the counting process and surfaced only after the declaration of election results.
The Commission further submitted that the petitioner had failed to produce any documentary evidence to substantiate the allegation, apart from a supporting affidavit.
Senior counsel G. Rajagopalan, appearing for the ECI, argued before the court that the Returning Officer’s authority ceases once election results are declared. He contended that no representation seeking recounting or correction can be entertained after the declaration of results.
"The moment results are declared, our hands are tied," Rajagopalan submitted, adding that any challenge to an election outcome can only be pursued through an election petition and not through a writ petition under Article 226 of the Constitution.
Senior counsel N.R. Elango, representing former Minister Periakaruppan, argued that the Election Commission, even in its counter-affidavit, had not specifically denied the allegation that the postal ballot had been sent to the wrong constituency.
The case stems from the Tamil Nadu Assembly election results declared on May 4. In the closely fought contest in Tiruppattur constituency, DMK candidate Periakaruppan secured 83,364 votes, while TVK candidate Srinivasa Sethupathi polled 83,365 votes and was declared elected by a margin of just one vote. Periakaruppan has sought a direction from the High Court to secure the disputed postal ballot and include it in the final vote tally. He has also sought an interim direction restraining Sethupathi from participating in the proceedings of the 17th Tamil Nadu Legislative Assembly until the matter is adjudicated.
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