Madras High Court Upholds Sengottaiyan Election Victory

The Madras High Court dismissed an election petition that challenged the victory of TVK MLA K. A. Sengottaiyan in the Gobichettipalayam constituency. The petitioner, VB Prabhu of the AIADMK party, sought to void the election on the grounds that the notary who attested Sengottaiyan's nomination affidavit lacked a valid certificate of practice at the time of attestation.

Justice GK Ilanthiraiyan ruled that the expiration of a notary's license does not provide a complete cause of action under the Representation of the People Act unless the petitioner proves the violation materially affected the election result. The court noted that the same objection had been raised and rejected by the Returning Officer during the nomination process, and that previous order had attained finality.

Finding no legally sustainable ground to set aside the election, the court concluded that mere allegations regarding the notary's certificate, without evidence of a material effect on the result, were insufficient to invalidate the victory.