Udhayanidhi says election petition against him filed in Madras High Court after 45 days

Udhayanidhi Stalin. File | Photo credit: PTI

Tamil Nadu Leader of the Opposition (LoP) Udhayanidhi Stalin has alleged in the Madras High Court that the election petition challenging his victory in the Chepauk-Thiruvallikeni Assembly constituency in the 2026 elections was filed after the statutory period of 45 days.

Senior counsel P. Wilson, who appeared before Justice G. Arul Murugan, urged the judge to dismiss the election petition at the threshold without taking it to court on the ground that it was filed after the expiry of the period of limitation prescribed under Section 81 of the Representation of the People Act, 1951.

The counsel said the LoP secured 62,992 votes against his nearest rival candidate D. Selvam of TVK who got 55,852 votes. The election petition was filed by P. Milany from Theni district who also contested from Chepauk-Thiruvallikeni constituency and got 30 votes.

Pointing out that Mr. Udhayanidhi was declared elected on May 4, 2026, the counsel argued that the election petition challenging his victory should have been filed on or before June 17, 2026. Since the present petition was filed on June 18, 2026, he contended that it was time-barred.

LoP rationale

Counsel argued that the principle of first day exclusion under the General Clauses Act, 1897 for the purpose of computing the period of limitation would not apply to election petitions. He pointed out that Section 81 of the 1951 Act specifically uses the term “from the date of election of the returned candidate”.

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“In normal circumstances, sir, your Lordship knows that if the judgment was passed today, the statute of limitations would not start running until the next day. But the 1951 Act is a special piece of legislation and it specifically states that an election petition must be filed within 45 days of the election of a returned candidate,” he said.

The counsel said the Election Commission of India (ECI) has also sent a communication to the Supreme Court Registrar confirming that election petitions related to the 2026 general elections must be filed in the Supreme Court on or before June 17, 2026.

Relying on the judgment of the Supreme Court in Youaraj Rai vs. Chander Bahadur (2006), he argued that the Supreme Court had also categorically held that the period of limitation for filing an election petition would run from the date of election of the returned candidate.

It was pointed out to Justice Murugan that Section 86 of the 1951 Act clearly states that a barred election petition must be dismissed by the Supreme Court. The LOP also contended that the election petitioner failed to disprove any admissible material facts requiring a trial.

The election petitioner’s argument

On the other hand, counsel for the election petitioner argued that the petition was filed within the period of limitation and the High Court registry had correctly numbered the election petition after he was satisfied that it was filed within the 45-day period. He insisted on a full trial.

After both sides concluded oral arguments on the motions filed by the LoP to dismiss the election petition and also to strike out some of the claims in the election petition, the judge asked counsel to file their written submissions on 26 October 2026, when he would reserve orders on those motions.

Published – 22 Oct 2026 1:00 PM IST