Madras High Court declares OPS’ son's Lok Sabha victory 'invalid'

In a setback to expelled AIADMK MP O P Ravindranath, the Madras High Court on Thursday declared his election from Theni Lok Sabha constituency in 2019 “null and void”, based on a petition moved by a voter alleging that the lawmaker suppressed facts about his income, besides indulging in corrupt practices to secure victory.

However, the single bench of justice S S Sundar gave a month’s time to Ravindranath, elder son of former Chief Minister O Panneerselvam, to go on an appeal against the verdict after his counsel told the judge to give time for approaching the Supreme Court.  

Ravindranath was the lone candidate from the AIADMK-BJP alliance to register a victory in 2019 as the DMK-Congress alliance won 38 out of the 39 seats at stake in the state. 

The election petition, moved by constituency voter P Milany, alleged discrepancies in Ravindranath’s election affidavit saying he only declared his income from agriculture but suppressed facts about his income from a company in his capacity as its director. 

The petition also alleged that the MP “misused” the government machinery – the AIADMK was in power and his father Panneerselvam was the deputy chief minister – and indulged in corrupt practices to secure victory. In the affidavit, the petitioner had also mentioned details of bribes and inducements to voters by Ravindranath. 

The court held that Ravindranath “suppressed his assets” equivalent to the value of 15,000 equity shares in Vani Fabrics Private Limited allegedly transferred by him in favour of his brother and other assets and sources of income in his election affidavit. The court also concluded that the Returning Officer did not conduct any enquiry during scrutiny of nomination strictly in terms of Section 36 of the Representation of People’s Act, 1951. 

“She has shown her partisan attitude in favour of the 3rd respondent at the time of scrutiny. As a consequence, this Court holds that the nomination of 3rd respondent has been improperly accepted by the Returning Officer,” the judge added. 

“…this court holds that the nomination of the returned candidate had been improperly accepted. In view of the conclusions reached above on all issues, this Court has to allow the election petition and declare the election of the 3rd respondent/returned candidate (Ravindranath) as void,” the judge said in his order. 

However, he said the petitioner could not prove that Ravindranath indulged in bribing the electors/voters and therefore no action can be taken under the Representation of People Act.

Ravindranath, who won by a wide margin of 76,672 votes, was pitted against E V K S Elangovan of the Congress and AMMK’s Thanga Tamilselvan, who is now a district secretary with the ruling DMK. 

Though he is the lone MP representing the party in Lok Sabha, the AIADMK expelled him in 2022 after the rebellion by his father against Edappadi K Palaniswami’s ascension as general secretary.