Madras HC: MMK challenging dismissal of its petition

The Makkal Manadu Katchi (MMK) has moved the Madras High Court challenging the orders of a single judge dismissing its petition on the ground that the MMK had no locus standi to file a petition on behalf of its candidate.

The MMK, which had fielded its candidate Kalaimani for Ilayankudi Assembly constituency for the August 18 by election, filed a Writ petition praying for a direction to the Election Commission to accept its candidate’s nomination papers and till then to postpone the election in the constituency.

Justice K Suguna, who held the rejection of nomination papers by the Returning Officers as invalid, however, dismissed the petition stating that the aggrieved person, the candidate himself, had not approached the High Court on August 4 last.

Advocate K Sakthivel contended that the single Judge had failed to see that political parties, registered under Section 29-A of the Representation of the People Act (RPA) were the interested persons relating to any violation of the statutory provisions under the Act.

The Judge had failed to note that the candidate, who was representing the political party, was only a nominee of the party and on rejection of the nomination papers of its candidate, both the party and its candidate were the aggrieved persons.