Erode MP A. Ganesamoorthy has filed a counter-affidavit in the Madras High Court, stating that he had relieved himself from the basic membership of the MDMK and had become a member of the DMK before contesting the Parliamentary election in April, and hence, cannot be accused of having contested the polls under a symbol belonging to another political party.
The counter-affidavit was filed in response to a public interest litigation petition from M.L. Ravi of the Desiya Makkal Sakthi Katchi. The litigant wanted the results of polls in as many as five Parliamentary constituencies to be declared illegal, on the ground that members of different political parties had contested there on reserved election symbols belonging to the DMK and the AIADMK, the two principal parties in the State.
Justices M. Sathyanarayanan and N. Seshasayee had entertained the PIL petition in September and ordered notices to the Election Commission as well as the DMK and the AIADMK. Notices were also ordered to Perambalur MP T.R. Paarivendhar, of the Indhiya Jananayaga Katchi; Villupuram MP D. Ravikumar, of the VCK; Namakkal MP A.K.P. Chinnaraj, of the Kongu Makkal Desiya Katchi; and Mr. Ganesamoorthy, for having contested on the ‘Rising Sun’ symbol of the DMK.
Further, court notices were ordered to K. Krishnasamy of the Puthiya Tamilagam, who contested on the ‘Two Leaves’ symbol of the AIADMK from Tenkasi (reserved) constituency, but lost to Dhanush M. Kumar of the DMK. In his affidavit, the PIL petitioner had claimed that the nominations of these people ought not to have been accepted by the Returning Officer, since it was a well-known fact that they were not members of either the DMK or the AIADMK.
Mr. Ganesamoorthy, in his counter, said: “It is incorrect to state that I did not resign from my original party before I was nominated... My name is duly borne on the rolls of the members of the DMK party, and I am a member of the DMK party only. In the Lok Sabha, the Speaker has recognised me as a member belonging to DMK party and the time slot and subject to speak in the House are allotted to me only by the Whip of the DMK party.”
Stating that any election could be challenged only by way of an election petition preferred under the Representation of the People Act of 1951, and certainly not through a PIL petition, the MP said, “If the petitioner is really interested in bringing changes in the Act, it is always open to him to approach the Lok Sabha members and convince them. India is a democratic nation ruled by elected representatives. A single citizen cannot thrust his desire or opinion through a court of law.”
