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In a significant development ahead of the Tamil Nadu government’s confidence motion, the Madras High Court on Tuesday restrained TVK MLA Seenivasa Sethupathi from participating in Assembly proceedings, including the crucial trust vote scheduled for Wednesday. The interim order comes just days after Tamilaga Vettri Kazhagam (TVK) chief Vijay took oath as Chief Minister and formed the new government in the state.

Madras HC Acts On Petition By Former DMK Minister

The order was passed by a division bench comprising Justices L. Victoria Gowri and N. Senthilkumar while hearing a petition filed by former DMK minister R. Periakaruppan.

Periakaruppan challenged the election result from the Tiruppattur Assembly constituency in Sivagangai district, alleging irregularities in the handling of postal ballots during counting.

According to the petition, a postal ballot intended for Tiruppattur constituency in Sivagangai district was mistakenly sent to another constituency with the same name located in Tiruppattur district.

The court observed that the petitioner had made out a “strong prima facie case” warranting interim intervention. However, the bench clarified that the order neither invalidates nor confirms Sethupathi’s election victory at this stage.

One-Vote Margin Triggered Legal Battle

The dispute gained attention because of the razor-thin margin in the constituency. Seenivasa Sethupathi defeated Periakaruppan by just one vote, securing 83,375 votes against his rival’s 83,374 — one of the narrowest margins recorded in Tamil Nadu electoral history.

The DMK subsequently raised concerns regarding the counting and verification of postal ballots, leading to the present legal challenge.

Periakaruppan sought multiple directions from the court, including preservation of the disputed ballots, ensuring they are counted in the correct constituency, and securing video evidence related to the reverification process mandated under Clause 19.10.3 of the Returning Officer’s Handbook (2023).

Court Orders Preservation Of Election Records

As part of the interim directions, the High Court instructed the Election Commission of India to preserve video footage connected to the verification process along with the disputed postal ballot.

The judges also ordered authorities to secure all election-related materials connected to the constituency, including postal ballots, Electronic Voting Machine (EVM) records and CCTV footage.

With the interim order now in effect, Sethupathi will not be able to participate in the Assembly floor proceedings, including the trust vote that is expected to test the strength of the newly formed TVK government.

The matter has been adjourned to May 26, by which time the Election Commission is expected to submit its response before the court.

The ruling adds a fresh layer of political uncertainty at a critical juncture for the Vijay-led government as it prepares to face its first major legislative test after assuming office.