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Madras HC dismisses writ petition filed by Stalin alleging irregularities in EVM verification of Kolathur

The court held that the plea by Stalin is not maintainable after the ECI pointed out that the victory of a candidate cannot be challenged through a writ petition.

Published Sep 03, 2026 | 12:01 PMUpdated Sep 03, 2026 | 12:05 PM

MK Stalin
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The Madras High Court on Thursday, September 3, dismissed a writ petition filed by former Tamil Nadu chief minister and Dravida Munnetra Kazhagam (DMK) president MK Stalin alleging irregularities in the verification of the Electronic Voting Machines (EVMs) in the Kolathur constituency after the Assembly election results were declared on May 4.

Stalin, in his petition, sought the counting of the VVPAT slips and the nullification of the victory of TVK’s VS Babu, who defeated him by just over 8000 votes.

A Bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan held that the plea by Stalin is not maintainable after the Election Commission of India (ECI) pointed out that the victory of a candidate cannot be challenged through a writ petition.

Senior Advocates DS Naidu and G Rajagopalan, representing the ECI, argued that if Stalin’s petition is allowed, it would open a Pandora’s box and the court would be filled with similar writ petitions filed by candidates challenging the election of several MLAs.

The ECI stressed that the election of an MLA could be challenged only via an election petition.

Meanwhile, Advocate Kapil Sibal, appearing for Stalin, pointed out that Stalin could not file the election petition within the 45-day deadline as the ECI delayed the verification of EVMs sought by the DMK leader in May.

The Tamil Nadu Assembly election results were declared on May 4, and Stalin reportedly applied for the verification on May 7, within the period stipulated by the Supreme Court. However, the ECI began the verification process only on July 29, prompting the DMK leader to approach the court.

Kolathur has been a DMK stronghold, with Stalin holding the seat since 2011. That year, he won by under 3,000 votes against AIADMK’s Saidai Duraisamy. In 2016, he won by over 37,000 votes against JCD Prabhakar, and by around 70,000 votes in 2021 against Adhi Rajaram.

(Edited by Fayisa CA)

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