The Madras High Court today said the election petition filed by VCK leader Thol Thirumavalavan cannot be dismissed and rejected an application filed by AIADMK MLA N Murugumaran in this regard.?
Thirumavalavan had challenged the election of Murugumaran from Kattumannarkoil (R) constituency in May 2016 assembly polls.
In his order, Justice M Duraiswamy said Thirumavalavan's allegation that the election was not conducted in a proper manner and that the elected candidate had indulged in corrupt practices?cannot be construed as vague.
"Whether the allegation has got basis or whether they are scandalous, can be established by the parties only at the time of trial by letting in oral and documentary evidence," the judge said.
"When Thirumavalavan has made allegations of corrupt practice and also made allegations against the conduct of the election, it is not a fit case to strike out the?pleadings under Order VI Rule 16 of Code of Civil Procedure and to reject the election petition for want of cause of action," Justice M Duraiswamy said.
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