Madras HC rejects objections to election petition challenging Congress MP Manickam Tagore's 2024 poll win

The Madras High Court recently refused to reject an election petition challenging the 2024 Lok Sabha election of Congress MP B Manickam Tagore from the Virudhunagar Parliamentary Constituency [Manickam Tagore Vs Vijay Prabhakaran].

Justice N Sathish Kumar held that the allegations raised against Tagore, including those concerning the alleged distribution of Congress Party Guarantee Cards, cash distribution, booth capturing and counting irregularities, raised triable issues.

The Court, therefore, dismissed two applications filed by Tagore seeking rejection of the election petition filed by Desiya Murpokku Dravida Kazhagam (DMDK) leader V Vijaya Prabhakaran.

“When prima facie allegations are disclosed and such allegations are traceable with reference to the provisions of the Representation of the Peoples Act, then this Court at this stage cannot reject the Election Petition in limine,” the Court said on June 02 and listed the case for a hearing on July 9.

The election petition was filed challenging the results of the poll held on April 19, 2024 for the Virudhunagar Parliamentary Constituency.

Tagore's opponent Vijaya Prabhakaran alleged that there was improper acceptance of Tagore’s nomination, suppression of assets and criminal antecedents, bribery of voters through Congress Guarantee Cards and cash distribution.

He also alleged irregularities in postal ballot counting, non-erasure of mock poll votes, booth capturing, stoppage of counting and excess election expenditure by Tagore.

Prabhakaran's plea contended that through Congress Guarantee Cards, voters were induced with promises of ₹1 lakh per year to women under the Mahalakshmi Scheme and ₹1 lakh per year to youngsters as internship amount, if the party came to power.

The act of calling upon individual voters to register themselves and creating a one-to-one relationship with voters under a proposed benefit scheme amounts to inducement and corrupt practice, the plea argued.

Tagore argued that the guarantee cards were only part of a political manifesto and did not amount to corrupt practice.

He also contended that the Election Commission circular prohibiting distribution of guarantee cards was issued only on May 2, 2024, after the polling had concluded in Tamil Nadu.

Considering his submissions, the Court noted that the election petition names various persons who allegedly distributed and received the cards. It also noted that FIRs had been registered in Virudhunagar West, Alankulam and Sivakasi Town police stations in this regard.

“Prima facie, there are materials to show that there was promise made to the individual voters,” the Court said.

The Court added that whether the cards were merely part of a party manifesto or whether they were used to induce individual voters could be decided only after evidence is adduced at trial.

It further held that allegations regarding cash distribution, non-counting of votes from booths where mock poll votes were allegedly not erased, booth capturing and postal ballot irregularities were backed by sufficient particulars for the matter to proceed to trial.

Tagore was represented by Senior Advocate Abdul Saleem with advocate Elambharathi.

Vijaya Prabhakar was represented by advocate NC Ashok Kumar.

[Read Judgment]