TVK MLA challenges Madras HC order in Supreme Court, seeks to vote in Tamil Nadu Assembly

Sethupathi won the No 185 Tiruppattur Assembly seat in Sivaganga district by a razor-thin margin of just one vote against DMK leader and former minister K R Periakaruppan.

New Delhi: Tamilaga Vettri Kazhagam (TVK) MLA R Sreenivasa Sethupathy on Tuesday approached the Supreme Court against a Madras High Court order that restrained him from participating in any floor test or trust vote in the Tamil Nadu Legislative Assembly.

Senior advocate Abhishek Manu Singhvi mentioned the matter for urgent listing before a bench headed by Chief Justice of India Surya Kant. The apex court agreed to hear the plea on Wednesday.

Sethupathy won the No 185 Tiruppattur Assembly seat in Sivaganga district by a razor-thin margin of just one vote against DMK leader and former minister K R Periakaruppan.

Periakaruppan subsequently approached the Madras High Court, alleging discrepancies in the counting process, particularly claiming that a postal ballot meant for the constituency was not counted as it was erroneously sent to the wrong Tiruppattur segment (No. 50 in Vellore district).

A division bench of Justices L Victoria Gowri and N Senthil Kumar passed an interim order restraining Sethupathy from taking part in the proceedings of the Assembly till further orders.

The High Court observed that allowing him to vote while the dispute remained pending could affect the stability of the government and held that the balance of convenience favoured restraining his participation.

The DMK leader had earlier complained to the Election Commission over the alleged mishandling of the postal ballot but approached the High Court after no action was taken.

The court noted prima facie merit in his petition and ordered preservation of records.

The outcome of the Supreme Court hearing on Wednesday is likely to have a bearing on the political situation in Tamil Nadu, where the ruling DMK government faces a razor-thin majority in the Assembly.