The Madras High Court has dismissed an election petition challenging the election of K.A. Sengottaiyan from the Gobichettipalayam Assembly Constituency, holding that the petition did not plead the essential facts required to establish a complete cause of action under the Representation of the People Act, 1951.
Justice G.K. Ilanthiraiyan pronounced the order on September 15, 2026, while allowing O.A.No.807 of 2026 and consequently dismissing E.L.P.No.31 of 2026.
Background
The election petition was filed by V.B. Prabhu, challenging Sengottaiyan's election. The principal issue concerned the affidavit in Form No.26 submitted along with the nomination papers.
According to the petition, the affidavit dated March 27, 2026, had been attested by G.P. Dharmaraja, Advocate and Notary Public, whose certificate of practice was alleged not to have been valid and subsisting on the date of attestation.
The same objection had earlier been raised before the Returning Officer during scrutiny of the nomination papers on April 7, 2026. The Returning Officer conducted an enquiry and rejected the objection. The High Court noted that this order was not challenged separately and had attained finality.
The Court examined whether the election petition contained the necessary material facts - the basic facts required to establish a legally complete case.
The Court found that the petition alleged a defect concerning the Notary's attestation but did not specifically explain how that alleged defect had materially affected the election result, as required for a challenge under Section 100(1)(d)(iv) of the Representation of the People Act.
"Mere allegation of non-compliance, without a specific averment would not by itself constitute a complete cause of action for declaring the election void."
The Court also referred to the Supreme Court's decision in Kanimozhi Karunanidhi v. A. Santhana Kumar & Ors., concerning the requirement to plead material facts in an election petition.
The High Court held that even if the allegation regarding the Notary's attestation were assumed to be correct, the petition still lacked the foundational facts showing its material effect on the election result.
Justice G.K. Ilanthiraiyan held that the election petition failed to disclose a complete cause of action and was liable to be rejected under Order VII Rule 11(a) of the Code of Civil Procedure, read with Section 83(1)(a) of the Representation of the People Act.
The Court accordingly allowed O.A.No.807 of 2026 and dismissed E.L.P.No.31 of 2026.
There was no order as to costs.
Case Details:
- Case Title: V.B. Prabhu v. K.A. Sengottaiyan & Ors.
- Case Number: O.A.No.807 of 2026 & E.L.P.No.31 of 2026
- Judge: Justice G.K. Ilanthiraiyan
- Decision Date: 15 September 2026
