The Madras High Court on Tuesday restrained Tamilaga Vettri Kazhagam (TVK) MLA R Seenivasa Sethupathi from participating in proceedings of the Tamil Nadu Legislative Assembly, following a petition filed by Dravida Munnetra Kazhagam (DMK) leader KR Periakaruppan challenging his election from the Tiruppattur Assembly constituency.
The Division Bench of Justice Victoria Gowri and Justice N Senthilkumar held that a prima facie case had been made out in the election dispute and passed an interim order restraining Sethupathi from voting or participating in any floor test, confidence motion, no-confidence motion, trust vote or any proceeding where the numerical strength of the House is tested, pending further orders. The Court clarified that the interim direction would not amount to setting aside Sethupathi’s election and would not confer any right on Periakaruppan to be declared elected from the constituency.
Periakaruppan had lost the election by a margin of one vote and alleged serious irregularities in the counting process. In his writ petition, he contended that a postal ballot meant for No.185 Tiruppattur Assembly Constituency in Sivagangai district was mistakenly sent to No.50 Tiruppattur constituency in Tirupattur district and was subsequently rejected instead of being forwarded to the correct Returning Officer.
The petitioner also alleged discrepancies in the counting records, claiming that there was an 18-vote variation between the Electronic Voting Machine (EVM) figures reflected in the consolidated round-wise counting abstract and the data published on the Election Commission of India (ECI) website.
The Bench directed the preservation and securing of all records connected with the counting process conducted on May 4, 2026, including consolidated counting abstracts, statutory forms, round-wise counting sheets, EVM vote account records, postal ballot records, rejected postal ballot covers and papers, declarations, envelopes and documents relating to reverification of rejected postal ballots.
The Court further ordered that if any postal ballot pertaining to No.185 Tiruppattur constituency had been received or retained at No.50 Tiruppattur constituency, the same must be separately identified, sealed and preserved without tampering or opening the material.
It also directed the preservation of videographic footage relating to counting, scrutiny, rejection and re-verification of postal ballots in original electronic form, along with backup copies. The respondents were restrained from destroying, altering, transferring or parting with custody of the election material, except in accordance with law and subject to further orders.
The Bench clarified that its order should not be construed as directing recounting, reopening of ballot papers, revalidation of rejected postal ballots, or interference with the election result already declared. The Court also kept open the rights and remedies available to all parties under the Representation of the People Act, 1951.
During the proceedings, the ECI submitted that it was merely the statutory authority responsible for maintaining election records and administering the electoral process, and not the adjudicatory forum to determine the rightful winner of the election. The Commission argued that once the election result was declared, the Returning Officer became functus officio, and any factual adjudication concerning disputed postal ballots would require reopening sealed records through a trial-like evidentiary exercise.
Periakaruppan also sought access to videographic footage relating to the mandatory re-verification process for rejected postal ballots and filed an interim application seeking an injunction restraining Sethupathi from participating in legislative proceedings pending adjudication of the writ petition. The petition did not seek a stay on Sethupathi taking oath as MLA, but sought a restraint on his participation in legislative proceedings.
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