Supreme Court refuses to vacate stay on High Court proceedings in plea challenging Kanimozhi Karunanidhi's election in Lok Sabha polls

Read Time: 04 minutes

Synopsis

Her election was challenged by a voter named A Sanathana Kumar, who alleged that she failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets.

A Supreme Court bench headed by Chief Justice of India Justice NV Ramana today refused to vacate the stay it had granted in 2020, on Madras High Court proceedings in a plea challenging the election of DMK leader Kanimozhi Karunanidhi from Thoothukudi constituency in Tamil Nadu.

A bench headed by the then CJI S A Bobde had granted a stay on January 30, 2020. Kanimozhi won the 2019 Lok Sabha elections from Tamil Nadu's Thoothukudi constituency. Her election was challenged by a voter named A Sanathana Kumar, who alleged that she failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets.

The Madras High Court dismissed the plea by Kanimozhi seeking dismissal of the two election petitions filed by the voter and a BJP leader separately challenging her election to the Lok Sabha.

The High Court had opined that the election petition should be heard and decided. The high court had further said that the petitioner must be given a chance to adduce his evidence to prove his allegation that her nomination was wrongly accepted.

Kanimozhi had claimed that since her husband was an NRI living in Singapore, he neither possesses a PAN Card nor pays income tax in India. She had defeated BJP’s Tamizhisai Soundarrajan in the election. While Soundarrajan had also filed a plea challenging Kanimozhi’s election, she withdrew it after she was made the Governor of Telangana. 

In the Supreme Court today, the respondent had moved a plea for vacation of the stay granted two years ago so that the case before the High Court can proceed. The bench, while dismissing the plea, directed the registry to list the matter before an appropriate bench for further consideration. 

Case title: Kanimozhi Karunanidhi Vs Santhana Kumar