Madras High Court dismisses writ petition challenging Vilathikulam DMK MLA Markandayana’s victory

Vilathikulam DMK MLA GV Markandayan on July 22, 2026 | Photo credit: N. Rajesh

The Madras High Court on Monday (September 21, 2026) dismissed as withdrawn a writ petition challenging the election of Dravida Munnetra Kazhagam (DMK) Member of Legislative Assembly (MLA) GV Markandayan from Vilathikulam constituency in Thoothukudi district on the ground that he had allegedly suppressed details of his assets in the election.

First Division Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan refused to grant any liberty to the petitioner after observing that the 45-day period within which an election petition challenging the victory of the returned candidate could be filed had already expired and therefore no remedy was available in law till date.

When the appellant’s counsel continued to insist on being granted liberty to proceed in accordance with any other remedies available to him under the law, the judges warned that they would impose high costs if such liberty was sought. “Do you wish to circumvent the law by obtaining such freedom from this court?” Before allowing petitioner P. Vimaladevi, a voter from Vilathikulam, Justice Murugan asked her to withdraw her case.

In her affidavit, the petitioner accused the DMK MLA of concealing a long list of properties owned by him and his wife M. Rebecca Anita, and alleged that these details were deliberately withheld, especially when the returned candidate was not a newly elected MLA, but someone who had already served as a legislator who knew the process well.

The petitioner argued that the alleged non-disclosure of all assets should be reviewed under Section 33A of the Representation of the People Act, 1951, read with Section 4A of the Conduct of Elections Rules, 1961, and with the requirement to give full and true particulars in the election declaration in Form 26. In support of its case, it cited the Supreme Court’s 2013 verdict in the Resurgence India case.

It was also contended that the MLA’s alleged failure to provide full and true details of the assets owned by him and his wife had materially affected the right of voters to know the relevant details before exercising their right to vote. The petitioner therefore urged the court to declare the election of Mr. Markandayan from Vilathikulam as invalid.

The suit was filed in the Madurai Bench of the Madras High Court on 17 June 2026 but was numbered only on 8 September 2026. It was then transferred to the headquarters in Chennai and brought before the First Division Bench for a decision on its maintainability.

Published – 21 Sep 2026 13:00 IST