Former AIADMK minister Esakki Subbaiah
He contested the 2026 assembly seat on an AIADMK ticket and joined TVK after resignation. He contended that the election petition moved by S Kanthimathinathan, a voter from the constituency, does not contain any averment indicting him with any direct or indirect inducement, gratification or exchange of valuable consideration. Refusing to concur with the submissions, Justice P B Balaji observed that the ratio laid down by the constitution bench of the Supreme Court would squarely apply to the facts of the present case. At the threshold, the election petition cannot be rejected for want of cause of action, the judge added. Even if the election petitioner makes out a reasonable cause of action with some chance of success and if the allegations in the pleadings are considered, then, the mere fact that the case is weak and not likely to succeed, by itself cannot be a ground to reject the election petition, the court added.
The necessary foundation facts, as set out earlier, have been clearly pleaded, and the proof of such foundation facts is possible only if the parties are directed to go for trial. Chennai: Madras high court on Thursday refused to reject an election petition filed against the victory of Esakki Subaya, who had resigned his Ambasamudram MLA post.