New Delhi: R. Seenivasa Sethupathi, a legislator from Tamizhaga Vettri Kazhagam, on Tuesday approached the Supreme Court challenging a Madras High Court interim order that restrained him from participating in any floor test or trust vote in the Tamil Nadu Legislative Assembly.
Senior advocate Abhishek Manu Singhvi mentioned the matter for urgent hearing before Chief Justice of India Surya Kant. The apex court agreed to list the plea for hearing on Wednesday.
The dispute stems from the closely contested Tiruppattur Assembly election in Sivaganga district, where Sethupathi won from constituency number 185 by a margin of just one vote against KR Periakaruppan of the Dravida Munnetra Kazhagam.
Following the result, Periakaruppan moved the Madras High Court alleging irregularities in the counting process. According to his petition, a postal ballot intended for Tiruppattur constituency in Sivaganga district was mistakenly transferred to another constituency bearing the same name — Tiruppathur constituency number 50 in Vellore district.
He further alleged that despite bringing the issue to the notice of the Election Commission of India, no corrective action was taken.
Seeking preservation of election records and intervention over the alleged discrepancy, Periakaruppan approached the High Court, arguing that the disputed postal ballot could have altered the final result given the razor-thin one-vote margin.
A division bench comprising Justices L. Victoria Gowri and N. Senthil Kumar passed an interim order restraining Sethupathi from participating in Assembly trust votes and related proceedings until further orders.
The High Court observed that there was sufficient prima facie material in Periakaruppan’s complaint and noted that allowing Sethupathi to vote while the election dispute remained pending could potentially affect the stability of the government.
The bench also said that the “balance of convenience” lay in temporarily restraining the MLA from participating in critical legislative proceedings until the matter was examined further.
Challenging the interim direction, Sethupathi has now moved the Supreme Court, arguing that the High Court’s order effectively curtails his constitutional role as an elected representative before any final adjudication of the election dispute.
The case assumes political significance given the narrow margins in the Tamil Nadu Assembly following the recent elections, where TVK emerged as the single largest party and formed the government under Chief Minister C. Joseph Vijay.
The Supreme Court is expected to hear the matter on Wednesday.
