Madras HC upholds EC disqualification of NTK functionary

The Madras High Court on Friday upheld the Election Commission's 2018 disqualification of a man from contesting polls for three years, after he had failed to submit details of expenses incurred in the 2016 Tamil Nadu Assembly elections.

The order passed by the EC in 2018, which disqualified S F Mohammed Gaddafee of Naam Tamizhar Katchi (NTK) from contesting in the election to the State Assembly and the Lok Sabha for three years, was upheld by the first bench of Chief Justice Sandib Banerjee and Justice Senthilkumar Ramamoorthy. Gaddafee was disqualified by July 26, 2018, EC order for failing to submit his account for the expenses incurred during the 2016 polls. He had contested from the Muthukulathur Assembly constituency in Ramanathapuram district, under the Seeman-led NTK.

Apprehending that the EC might reject his nomination for Harbour Assembly constituency in the April 6 election because of the disqualification order which is in force, Gaddafi moved the High Court. When the petition came up for hearing on Friday, the counsel representing the EC submitted that the petitioner did not utilise the opportunity to challenge the disqualification order by way of an appeal before the Commission.

He cannot move the High Court now after a lapse of three years, he added. The bench said that while Gaddafee was disqualified three years ago, he had approached the court only today, on the last date for filing of nominations for the April 6 assembly polls in the state.

Any positive order at this stage would render the EC's disqualification order ineffective, the judges said and disposed of the petition with a direction to the petitioner to move the EC questioning his disqualification, within two weeks.