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"The law would take its own course," said the bench, while pointing out that a complaint was pending before the ECI
The Madras High Court on Monday dismissed a petition filed by C Selvakumar, president of BJP’s IT Wing in Virudhunagar district against C Manickam Tagore, the Congress party’s candidate from Virudhunagar Lok Sabha constituency. Selvakumar sought direction to the Chief Election Commissioner of India to disqualify Tagore for allegedly distributing tokens to influence the voters.
The division bench of Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad noted that on April 14, an online complaint had already been filed before the ECI to disqualify Tagore and an FIR had also been registered.
The law would take its own course, said the bench.
Court said that since the complaint was already before the ECI, it was for the ECI to consider the said complaint on its own merits.
"The writ petition, as such, is dismissed. There shall be no order as to costs," court, therefore, ordered.
Before the high court, Selvakumar submitted that tokens, exchangeable for gifts or cash, were distributed by the supporters of Tagore to sway voters in his favor.
Highlighting the Election Commission of India's inaction on his representation, Selvakumar sought issuance of a writ of mandamus to the ECI to take action against Tagore and consequently his disqualification for violation of model code of conduct of election as per the Peoples Representation Act, 1951 and Code of Conduct Rules, 1961.
Case Title: C.Selvakumar v. The Chief Election Commissioner of India and Two Others
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