CHENNAI: A day before floor test in the Tamil Nadu assembly, the Madras high court on Tuesday restrained Tamilaga Vettei Kazhagam (TVK) Tirupattur MLA Srinivasa Sethupathi from participating in the assembly proceedings including the vote of confidence until further orders. A vacation bench of Justice L Victoria Gowri and Justice N Senthil Kumar passed the order on a plea moved by former DMK minister K R Periyakaruppan, who lost in the recently concluded Tamil Nadu assembly election by one vote to Srinivasa Sethupathi.The former minister alleged that one postal ballot of Tirupattur in Sivaganga district, where he contested, was mistakenly sent to Tirupattur district. Instead of sending it to the actual constituency it belongs to, the returning officer of Tirupattur rejected the postal ballot.Therefore, he wanted the court to pass an interim order restraining Srinivasa Sethupathi from taking oath as an MLA.Opposing the plea, the ECI contended that the moment the election is over and results are declared, the commission ceases to be in office, and any relief can be sought only through an election petition.It further explained that a postal ballot can be opened only on the day of counting, and once the time has expired, no relief can be granted. The Representation of People Act does not permit ECI to transfer a ballot from one constituency to another.
