Southern States - Pondicherry   

Poll petition against Janakiraman dismissed

By A. Subramani

CHENNAI MARCH 26. An election petition filed by the former Pondicherry Chief Minister, D. Ramachandran, seeking to set aside the election of another former Chief Minister, R.V. Janakiraman, from Nellithope in April 1996 was dismissed by the Madras High Court today.

Justice M. Chockalingam said the petitioner had not proved his case either by oral or documentary evidence, as also any of the allegations of corrupt electoral practices.

Mr. Ramachandran sought to disqualify Mr. Janakiraman on the ground that the latter had indulged in corrupt practices attracting the provisions of the Representation of the People Act and the Rules thereunder. According to him, though Mr. Janakiraman was a voter in the Raj Bhavan constituency, he managed to include his name in the electoral rolls of Nellithope as well. The petitioner also alleged that Mr. Janakiraman indulged in personal character assassination, distributing pamphlets and giving an interview on a private television channel alleging that he had molested a woman.

The five-year tenure for the election, held on April 27, 1996, had elapsed, and two Assembly elections had been held since. Even then it was necessary to investigate the matter and decide the `living issue', the petitioner said, adding if Mr. Janakiraman was found guilty of corrupt practices he could be disqualified from participating in future elections.

Rejecting the contentions, Mr. Justice Chockalingam said, "The entry of a person's name in the electoral rolls of two constituencies is not bad in the law. The Supreme Court has held that the illegality or irregularity in the preparation of the electoral roll cannot be a ground for declaring an election void".

He said the petitioner's argument that Mr. Janakiraman had committed corrupt practices as contemplated in Section 123(4) of the RP Act could not stand the scrutiny of law.

On the allegation of character assassination, the judge said Mr. Janakiraman had disputed a portion of the interview given to the television channel. He had stated that he did not utter words as broadcast on the channel, and added that they had been `interpolated'.

"Under these circumstances, a duty is cast upon the petitioner to prove that the disputed portion was part of the original interview", Mr. Justice Chockalingam noted. The non-production of the master cassette and non-examination of the interviewer had materially affected the case of the petitioner, he added.

"Law is well settled that if a statement is made affecting the political name, it is of no consequence and it would not attract Section 123(4) of the RP Act", the judge said and dismissed the petition.

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