SC okays election petition against Alagiri with a rider

A bench of justices R M Lodha and H L Gokhale passed the order while disposing of the application moved by Alagiri, eldest son of DMK chief M Karunanidhi, contending that "irreparable loss and injury" will be caused to him if the trial was not stayed.

The apex court directed Lazar to fulfil the requirements of Section 83 of the RPA Act which mandates among other things filing an affidavit in support of the allegations levelled in the petition.

In an application moved through counsel V G Pragasam, the Union Chemicals and Fertilisers Minister had contended that Lazar had no "material facts" in his possession to challenge his election as required under Representation of Peoples Act.

 

He argued that Lazar's petition cannot be entertained as the original election petitioner P Mohan of CPI-M, who had died, alone was in alleged possession of the material facts claimed in support of the allegations of corrupt practises.

It was his contention that Lazar being a mere voter and member of the CPI-M had no personal knowledge or possession of the material facts claimed and hence the petition ought to be dismissed and had not complied with the requirements of Section 83.

He sought quashing of the petition on this ground alone.

The Madras High Court had, however, earlier dismissed his plea following which he appealed in the apex court.

The high court and the apex court had dismissed Alagiri's earlier application wherein he had challenged the locus standi of Lazar on the ground that he cannot continue or step into the shoes of the original petitioner Mohan, after the later had died.

Lazar had chosen to continue with the election petition after Mohan's demise on October 30, 2009.