TN elections: Madras High Court dismisses plea alleging Model Code violation by Chief Minister's Secretary

The Madras High Court on Tuesday dismissed a plea alleging misuse of official machinery by P Umanath, Secretary to Tamil Nadu Chief Minister MK Stalin, during the Model Code of Conduct.

A Bench of Chief Justice SA Dharmadhikari and Justice Arul Murugan held that the claims were vague and unsupported by evidence.

The petition, filed by Advocate A Mohandoss, alleged that Umanath continued to exercise administrative influence and communicate with district collectors and police authorities during the election period, thereby compromising electoral neutrality.

It sought a probe by the Election Commission, including forensic examination of his phone records and links with certain individuals.

The Court, however, found that the allegations lacked supporting material. It held that writ jurisdiction under Article 226 cannot be invoked to examine disputed factual claims based solely on unsubstantiated pleadings.

"In the case on hand, it is the specific case of the respondent authorities that the allegations levelled are vague and not supported by material. This Court exercising jurisdiction under Article 226 of the Constitution of India cannot delve into such disputed questions of fact, solely based on pleadings unsubstantiated by evidence..."

The Court also declined the petitioner’s request for transfer of the officer, noting that public interest litigation (PILs) are not maintainable in service matters, except in limited circumstances such as quo warranto.

During the hearing, the Election Commission submitted that it would take action if required. The Court recorded this submission.

While dismissing the petition, the Bench clarified that authorities remain free to examine the complaints on merits and pass appropriate orders in accordance with law, which should be communicated to the petitioner expeditiously.

The petitioner was represented by Senior Advocate Ravi Prakash Mehrothra with Advocate G Aanandaraj.

The Election Commission and the Chief Electoral Officer were represented by Standing Counsel Niranjan Rajagopalan with Advocate Tarun Rao.

[Read Judgment]