C Joseph Vijay
CHENNAI: Use of children in election campaigns cannot, by itself, constitute a ground to invalidate one’s victory in an election, Tamil Nadu chief minister C Joseph Vijay has said. There is no material fact pleaded demonstrating how any alleged violation resulted in myself obtaining votes which they would have otherwise obtained or how the alleged conduct affected the result of the election,” Vijay said. He added that even violation of the directives of the Election Commission of India (ECI) and the Model Code of Conduct (MCC) does not disclose a statutory ground for declaring an election void. Vijay made the submissions through an affidavit filed in response to three election petitions challenging his election from the Perambur and Trichy East Assembly constituencies. “The petitioners challenging the election have not explained any factual connection between my victory and the alleged violation of MCC.
“The petitioners are seeking to convert an alleged regulatory or administrative violation into an independent ground for declaring the election void,” he argued. “The petitioners have merely alleged that voters were emotionally swayed that the alleged conduct made a deep impact, and the result was materially affected. Such statements are conclusions and do not constitute material facts required under the Representation of the People Act,” he added. Brushing aside the allegations of corrupt practice, Vijay contended that the RP Act required an election petition alleging corrupt practice to set forth full particulars of each of such practice.