Madras High Court declares defeated candidate winner nearly 10 years after election
Chennai (Tamil Nadu) [India], June 5 (HBTV): The Madras High Court has declared former Tamil Nadu Assembly Speaker M. Appavu as the rightful winner of the Radhapuram Assembly constituency in Tirunelveli district for the 2016-2021 Assembly term, nearly a decade after the election was held.
Allowing an election petition filed by Appavu, who contested on a DMK ticket, Justice G. Jayachandran held that he had in fact defeated AIADMK candidate I.S. Inbadurai, who was originally declared elected by a margin of 49 votes.
The court strongly criticised the nearly 10-year delay in deciding the election dispute, warning that such delays undermine democratic principles.
'Non-adherence to the mandate contained in Section 86(7) of the Representation of the People Act, 1951, will undermine democracy and the true spirit of adult franchise,' the court observed.
Expressing concern over prolonged delays in election cases, Justice Jayachandran remarked, 'If Courts continue to ignore their own observations... I fear that this Country may also go in the way of other autocratic Countries which gained Independence around 75 years ago, along with us.'
The court also described the case as a 'grave mockery of justice', stating that the voters of Radhapuram were forced to accept a representative who was not duly elected.
'The people of India, particularly the voters of No. 228 Radhapuram Assembly Constituency, were forced to bear a person as their Assembly representative though he is not duly elected,' the judgment noted.
The dispute centred on 203 postal ballots that were rejected during the original count. Appavu argued that valid votes cast in his favour had been wrongly rejected and sought a recount. The respondent contended that the ballots were invalid because they had been attested by middle school headmasters rather than gazetted officers.
In 2019, the High Court ordered a recount of postal and EVM votes. Although the recount was conducted, the Supreme Court stayed the declaration of results after entertaining a Special Leave Petition challenging the recount process.
The matter remained pending for nearly six years before being disposed of in May 2026 on the ground that the Assembly term had already expired.
The High Court expressed disappointment that the Supreme Court did not decide the key legal question regarding the status of headmasters as attesting authorities.
'With great respect, the Hon'ble Apex Court should have answered this question,' the court observed.
Referring to the recount records, the court found that Appavu had secured 153 valid postal votes, while Inbadurai had received only one. After including those votes, Appavu emerged victorious by a margin of 103 votes.
The court consequently declared Appavu the duly elected MLA from Radhapuram for the 2016-2021 term. While it did not disqualify Inbadurai, it ruled that he would not be entitled to pensionary benefits as an MLA for that period and directed the Legislative Assembly Secretariat to substitute Appavu's name in all official records.