Tirupattur TVK MLA wins by a single vote: Madras High Court dismisses election petition filed against his victory

TVK MLA R. Seenivasa Sethupathy. | Photo credit: Special arrangement

The Madras High Court on Monday (September 28, 2026) dismissed an election petition filed against the victory of Tamilaga Vettri Kazhagam (TVK) MLA R. Seenivas Sethupathy from Tirupattur constituency in Sivaganga district by a narrow margin of one vote in the 2026 Poll Nad Tamil Assembly.

Justice GK Ilanthiraiyan allowed an application by a TVK MLA to dismiss an election petition filed by Dravida Munnetra Kazhagam (DMK) candidate and former minister KR Periakaruppan, who claimed that he lost the election mainly due to the existence of two Legislative Assembly constituencies with the same name “Tirupattur” in Tamil.

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The judge said that one of the main grounds raised by the election petitioner was that one postal vote meant for him in Tiruppattur constituency (number 185) in Sivaganga district was wrongly sent to Tirupattur constituency (number 50) in Tirupattur district. The petitioner filed an affidavit of Tirupattur district DMK candidate A. Nallathambi S. Rajendran, who claimed to have encountered one postal vote.

“However, the allegation regarding the alleged improper receipt of one postal ballot essentially rests on the election agent’s affidavit and, in the absence of any supporting material, the manner in which such alleged irregularity occurred and its actual impact on the outcome of the election remains without merit,” the judge wrote.

He agreed with senior counsel V. Raghavachari, assisted by Dixita Gohil and Pranjal Agarwal, that the constituency number, and not the constituency name, is the key identifier used by election officials to transport postal votes to their intended destination. The judge said that each postal ballot will be accompanied by a Form 13C containing full details of the constituency concerned, including the constituency number, name, district and full address.

The postal ballot papers are further deposited in the intermediary centers considered under section 18A of the Conduct of Elections Rules, 1961 and then the election officers take responsibility for their transportation.

“The claim that the identical names of two Assembly constituencies led to confusion and subsequently caused a postal ballot to be wrongly sent to another constituency also appears difficult to reconcile with the procedural safeguards governing the handling of postal ballots,” the judge said.

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The judge also rejected other grounds raised by the election petitioner, writing: “Similarly, there is no material to show any violation of the prescribed procedure which, even if found, could materially affect the outcome of the election. As there is no material to show that just one postal ticket was delivered in the wrong constituency and that such alleged irregularity by itself had any material effect on the result election.”

He accepted the TVK MLA’s request to dismiss the election petition at the threshold without taking it to the court stage.

Published – 28 Sep 2026 11:30 AM IST