R K Nagar bypoll: HC dismisses petition of candidate

Madras High Court today dismissed as lacking in merit a PIL by a candidate for the June 27 bypoll in R K Nagar here for restraining actor Sarath Kumar and others from campaigning for AIADMK candidate and Chief Minister Jayalalithaa, who is seeking re-election.
Justice M Sathyanarayanan, before whom the petition by Makkal Manadu Katchi candidate T Paulraj came up, referred to a Supreme Court order and said the Constitution is primarily intended to exclude or oust jurisdiction of all courts on electoral matters and to lay down only mode in which election can be challenged. Provisions of the special jurisdiction can be invoked by the aggrieved party at the end of election and thereby excludes other forms.

"Therefore, while exercising the jurisdiction, the high court cannot consider the correctness, legality or other wise of the election rules by the election commissioners and its officers," the judge said.
Sarath Kumar is President of All India Samathuva Makhal Katchi. The others are A Narayanan, an MLA of the same party and Dr C K Thamizharasan of Indian Democratic Party.
MMK, a registered but unrecognised political party, had moved court, questioning the inclusion of Sarath Kumar as star campaigner for AIADMK in the bypoll.
The petitioner had submitted that the Election Commission bestows star campaigner status for a maximum of 40 persons under Section 77 of Representation of the People Act in case of recognised political parties. Registered but unrecognised parties are allowed to have 20 star campaigners. Campaign expenses of such persons are not included in the expenditure of contesting candidates.

Paulraj said that in RK Nagar, AIADMK had given 40 star campaigners' names to the EC and Sarath Kumar and Narayanan were cited as star campaigners from other parties. Though they belong to another political party, they had contested as AIADMK candidates and were still part of ruling alliance, he said and sought removal of their star campaigner status and their expenses added with that of Jayalalithaa.

According to Section 77 of RPA, expenditure on account of campaigning of such leaders shall not be included in the expenditure of the candidate, he had submitted.
On the contention that expenses of the star campaigners be added to that of the contesting candidate, the judge said the EC, under Section 10 A of Representation of Peoples Act, can conduct an enquiry to determine the falsity or otherwise of the return of election expenses by the elected candidate and also disqualify the candidate.

"In the light of the above the apprehension expressed by the petitioner is unfounded," he said and dismissed the petition as one lacking in merit.