CHENNAI: Perhaps this is a first for India — a high court ‘censuring’ the Supreme Court. Madras high court on Wednesday declared the DMK’s M Appavu as winner in a 10-year-old election case, and attributed the delay in deciding the case to the Supreme Court. It then observed: “If the delay caused by the courts are going to undermine the spirit of the adult franchise and democracy, I fear that this country may also go in the way of the other country that gained Independence along with us (indirectly referring to Pakistan).”M Appavu contested in the 2016 assembly election as DMK candidate from Radhapuram in Tirunelveli district. He lost to the AIADMK’s I S Inbadurai by a narrow margin and under controversial circumstances. His case was pending in courts. Meanwhile, Appavu defeated Inbadurai in the 2021 polls and became the state assembly speaker. Inbadurai has since become the Rajya Sabha member of the AIADMK.On Wednesday, Justice G Jayachandran declared Appavu as winner and directed the state assembly secretary to substitute the name of Inbadurai with Appavu as MLA of the constituency for the period 2016-2021 in all official records.Flagging the interventions of the Supreme Court in the matter, Justice Jayachandran said: “The delay caused by the courts is going to undermine the spirit of the adult franchise and democracy. In spite of the statutory mandate under Section 86(7) (states that every election petition shall be tried as expeditiously as possible and conclude the trial within six months) of the Representation of the People Act. I fear that this country may also go in the way of the other country that gained Independence along with us.”The primary issue was rejection of postal ballots which were attested by headmasters of govt middle schools on the ground that they are not gazetted officers as mandated under the RP Act. In 2019, the judge held that headmasters are gazetted officers and their attestations are valid. The court also ordered recounting of the votes in the high court. However, the result of recounting was declared as the apex court passed an interim stay.“The Supreme Court, even 10 years after keeping the matter pending, thought fit that the question has to be kept open due to lapse of time and the term of office having expired and no useful purpose will be served on adjudicating upon the issue on the appeal. With great respect, the Apex Court could have answered this question since this court as a trial court has already given a finding in respect of the issue,” Justice Jayachandran said.“However, this court has a constitutional duty and has taken oath to protect and preserve the Constitution at any cost. This court is not inclined to abrogate its responsibility for whatever reason. Putting in nutshell, this court has given a categorical finding that headmasters of middle schools being gazetted officers, the ballot papers which have been attested by them are valid. This finding, though challenged before the Supreme Court in the appeal, the apex court has not reversed the finding,” Justice Jayachandran said.“As a consequence, the election petition is allowed. Inbadurai has been wrongly declared as an elected candidate; he must forgo the consequential benefit. However, the improper declaration is not attributable to the conduct of Inbadurai, therefore, the order of this court will not disqualify him in any manner except claiming any pensionary benefit of being a member of the legislative Assembly from 2016 to 2021,” the court added.
