The Supreme Court on Friday stayed a Madras High Court decision that had invalidated the 2019 election of Theni Lok Sabha Member of Parliament (MP) P Ravindranath Kumar, the lone All India Dravida Munnetra Kazhagam (AIADMK) MP from Tamil Nadu.
A bench comprising Justice Surya Kant and Justice Dipankar Datta also issued a notice regarding the case and scheduled the next hearing for October 4.
Kumar is the son of former Tamil Nadu Chief Minister O Panneerselvam. He had approached the Supreme Court to challenge the decision of the Madras High Court passed last month.
The High Court had invalidated Kumar’s election to the general assembly in 2019 from Theni in Tamil Nadu. In a July 6 judgment, Justice SS Sundar of the High Court stated that Kumar had suppressed his income in his election affidavit, and criticized the returning officer for accepting his nomination despite such discrepancies.
However, the High Court had granted a one-month stay on the implementation of its decision, allowing Kumar to appeal to the Supreme Court. This safeguard was due to expire on Friday.
The High Court’s decision was based on a petition filed by an individual named Milany, who alleged that Kumar had concealed his assets and liabilities in Form 26 of his election affidavit, filed under Rule 4A of the Conduct of Election Rules, 1961. Milany, who claimed to be a voter from Theni, further accused Kumar of engaging in corrupt practices, including exchanging cash for votes in his favor.
Justice Sundar did not find sufficient evidence to support the bribery and corrupt practices allegations against Kumar. However, the examination of witnesses and the evidence presented did demonstrate that Kumar had intentionally withheld information in his election affidavit. Justice Sundar also criticized the returning officer for showing a biased stance.
The single judge declined to accept Kumar’s argument that the disparities were the result of typographical errors. Kumar, who was the only candidate from the AIADMK-NDA alliance to secure victory in the 2019 Lok Sabha polls in Tamil Nadu, had faced tough opposition from the DMK-led alliance, which won 38 out of 39 seats in the state.
