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Supreme Court Stays Madras HC Bar on TVK MLA's Floor-Test Vote

The ruling underscores the court's stance that election results should be challenged through election petitions.

Overview

  • The Supreme Court, which issued the stay on Wednesday, allowed TVK MLA R. Sreenivasa Sethupathi to take part in the Tamil Nadu Assembly floor test and paused the High Court case.
  • A bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi called the Madras High Court order “atrocious” and questioned using a writ under Article 226 instead of an election petition under election law.
  • Sethupathi won Tiruppattur (No.185, Sivaganga) by one vote, and a Madras High Court vacation bench had barred him from any trust vote and told officials to preserve all counting records.
  • Defeated DMK candidate K. R. Periakaruppan alleges a postal ballot meant for his seat was sent to a different Tiruppattur and rejected, which he says would have made the race a tie.
  • The TVK government won the confidence motion 144–22 with five abstentions after a DMK walkout, and the Supreme Court gave two weeks for counter-affidavits as the challenge moves forward.