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IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 31.08.2026 DELIVERED ON : 03.09.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.348 92 of 2026 and WMP No s .38570 and 38573 of 2026 M.K.Stalin Son of M.Karunanidhi, No.25-9, Chitharanjan Salai, Cenotaph 2nd Lane, Teynampet, Chennai - 600 018.
Petitioner(s)
Vs
1. The Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
2. The Chief Electoral Officer Public (Elections) Department, Secretariat, Fort St.George, Chennai - 600 009.
3. The District Election Officer Greater Chennai Corporation Chennai - 600 003.
4. V.S.Babu S/o. Sundaram Illai New No.59, Old No.19, Muruga Bhavan, Thirunavukarasu Street, Perambur, Chennai - 600 011.
5. P.Santhana Krishnan, S/o Purushothaman, No.12/103, Decastor Road, Pulianthope, Chennai - 600 012.
6. Soundara Pandian Luder Seth S/o Soundarapandiyan Muthu Nadar, No.39/84, Saleem Lotus Flats, Sathyamurthy Street, Devaraj Nagar, Saligramam,Chennai-600 093.
7. S.Y.Syed Yusuf S/o S.K.Syed Yacoob, No.3a/31, Thillainayagam Pillai 3rd Street, Venus, Perambur, Chennai-600 011.
8. Subashini W/o Jagan Gopu, No.290, Sri Vinayaga Nagar, 2nd Street Anagaputhur, Chennai-600 070.
9. Aathithya S/o Balasubramaniam, No.421/28, Gkm Colony 21st Street, Nethaji Street, Chennai-600 082.
10.R.Raj Guru S/o Ramdass No.33/32, Seeliyamman Koil Street, V.O.C Nagar, Tondiarpet, Chennai-600 081.
11.R. Senthil Kumar S/o S.Rajappan, No.25/2, Alagiri Nagar 5th Cross Street, Vadapalani, Chennai-600 026.
12.Selvi Steffi.V. M, D/o K.Mani, No.23, Jawahar Street 4th Main Road, Thirupathi Nagar Extension, Kolathur, Chennai-600 099.
13.Oormila W/o P. Senthil Kumar, No.10/13a, Gorikadu, Pallapatti, Leigh Bazaar, Salem West, Salem-636 009.
14.J.Suriya Muthu S/o E.Jayaraman, No.59/24, 30th Mgr Street, Gkm Colony, Chennai-600 082.
15.Nanda Kumar S/o Basker, No.18/2, Kadappa Road, Teachers Colony, Kolathur, Chennai-600 099.
16.A.L.Naresh Kumar, S/o E. Arumugam, No.7/1/13, Foxen Street, Perambur, Chennai - 600 011. 17.M.Rajeshkumar S/o Mani Uthandi, No.14, Pulianthope, Ward No.72, Tvk Nagar 4th Street, North Chennai, Otteri, Chennai-600 012.
18.R.Mahesh S/o P. S. Rajasekaran No.25, Rc Flats, Anjugam Nagar
1st Main Road, Kolathur, Chennai-600 099.
19.M.Poornima W/o G. Moorthy No.72b, 1st Main Road, Prakash Nagar, Ponniamman Medu, Madhavaram, Chennai-600 110.
20.P.Milany S/o K. Ponnuram, No.7-5-5/9, Sanjay Gandhi 1st Street, Selavaraj Illam, Pallani Chetti Patti, Theni- 625 531. 21.Arul Doss. A S/o M. Anthony, No.48/20m, Ponvelpuram 4th Street, Ayanavaram, Chennai-600 023.
22.Vigirdhan S/o Srinivasan, No.233, Periyar Street, Kadambathur, Tiruvallur-631 203.
23.V.Naresh Babu S/o T.Venkataramanan No.55/163, Maduraisamy Madam Street, Sembium, Perambur, Chennai-600 011.
24.K.Panneer Selvam S/o M Karunanithi, No.61/3, Perumal Koil Street, Annambedu, Thirunindravur Post, Thiruvallur-602 024.
25.E.Raamadasan S/o Ellan, No.490/5, V.O.C Nagar, Tondiarpet, Chennai-600 081.
26.Kaja Maideen S/o Sahulhameed, No.75/38, Subramaniya Thottam Main Street North, Perambur, Chennai-600 011.
27.S.Sharan S/o Srinivasan, No.48, Srp Koil St North, Thiru.Vi.Ka Nagar, Jawahar Nagar, Chennai - 600 082.
28.R.Ravikumar S/o Rajendran No.95-45, Kathpada Main Road, Basin Bridge, Chennai-600 021.
29.M.Suresh S/o Manickam, No.4, Sivasakthi Nagar 1st Main Road, Kolathur, Chennai-600 099.
30.V.A.Sudhakar S/o P.V. Ambikapathy No.41a/73, Vasantha Garden 3rd Street, Ayanavarm, Chennai-600 023.
31.Raja.G S/o P.Govindasamy, Plot No.1766, No.2, 29th Street, Poombuhar Nagar, Chennai-600 099.
32.Sivagnanasam S/o Thirumalaisamy, No.23, J Apartments, Ground Floor D Hospital Road, Kannamma Pettai, Caveri Nagar, T Nagar, Chennai-600 017.
33.K.Elumalai S/o Kullappan, No.32, Kadappa Road, New Lakshmipuram, Kolathur, Chennai-600 099.
34.A.Raji S/o Anthony Samy, No.3f-1, Avenue Garden, 14/6, Balamurugan Street, Vyasarpadi, Chennai-600 039.
35.Farmer Jayaraman.S K J.
S/o Kanjaamalai, Plot No. 11, Kumaraguru Avenue, Sulaiman Nagar, 3rd Street, Mettukkkupam, Okkiyam, Thoraipakkam, Chennai - 600 097.
36.R.Balaji S/o Ravi No.177, Demellows Road, Pattalam, Perambur Barracks, Chennai-600 012.
37.S.Balachandar S/o Sivaprakasam, No.19/41, Madurai Street, Ayanavaram, Chennai-600 023.
Respondent(s)
PRAYER : Petition filed under Article 226 of the Constitution of India seeking (a) issuance of a writ of certiorarified mandamus to call for the records of the third respondent leading to the issuance of the order bearing RC No.B/2002/2026, dated 5.8.2026 and quash the same and consequently direct the respondents to conduct 100% counting of VVPAT (Voter Verifiable Paper Audit Trail) slips relating to No.13, Kolathur Assembly Constituency for the Tamil Nadu Legislative Assembly Election 2026, and the checking and verification of all 286 machines deployed in No.13, Kolathur Assembly Constituency in the Tamil Nadu Legislative Assembly Election 2026, within a time frame fixed by this court; and (b) issuance of a writ of declaration to declare the election of the fourth respondent as the Returned Candidate for No.13, Kolathur Assembly Constituency in the Tamil Nadu Legislative Assembly Election 2026 as void and consequently declare the writ petitioner as the Returned Candidate for No.13, Kolathur Assembly Constituency in the Tamil Nadu Legislative Assembly Election 2026.
For Petitioner(s): Mr.Kapil Sibal Senior Counsel [Thru VC]
and Mr.J.Ravindran Senior Counsel for M/s.Aruna Elango and Agilash Kumar For Respondent(s):Mr.Dama Seshadri Naidu Senior Counsel [Thru VC]
and Mr.G.Rajagopalan, Senior Counsel for Mr.Niranjan Rajagopalan Standing Counsel for R1 to R3 Mr.V.Raghavachari Senior Counsel for M/s.Dixita Gohil, Pranjal Agarwal, Yash S.Vijay for R4 Mr.G.Murugendran for R37
ORDER
THE CHIEF JUSTICE
This writ petition has been filed by M.K.Stalin, who contested the recent general election to the 17th Tamil Nadu Legislative Assembly from No.13, Kolathur Assembly Constituency as the official candidate of the Dravida Munnetra Kazhagam, seeking to quash the order dated 05.08.2026 passed by the third respondent, the District Election Officer, Greater Chennai Corporation, bearing RC No.B/2002/2026, by which the post-result process of Checking and Verification of the burnt memory/microcontroller of Electronic Voting Machines and Voter Verifiable Paper Audit Trail units pertaining to fourteen polling stations in the said constituency was certified as having been “successfully completed in accordance with the prescribed procedures”. The petitioner has also prayed for a direction for 100% counting of VVPAT slips, for a direction to preserve CCTV footage and connected records, and, going further, for a writ of declaration that the election of the fourth respondent, the returned candidate, be declared void and that the petitioner be declared the duly elected candidate from the said constituency.
2.1. Before adverting to the rival contentions, it is necessary to briefly set out the facts, which are drawn substantially from the petitioner’s own affidavit filed in support of the writ petition.
2.2. The Election Commission of India notified the general election to the Tamil Nadu Legislative Assembly on 30.03.2026. The petitioner filed his nomination on the same date and contested from No.13, Kolathur Assembly Constituency on the symbol “Rising Sun”. Polling took place on 23.04.2026 and counting on 04.05.2026. On the latter date, the fourth respondent, the nominee of Tamilaga Vettri Kazhagam, was declared elected. The petitioner secured the second highest number of votes.
2.3. The petitioner relies on the judgment of the Supreme Court in Association for Democratic Reforms v. Election Commission of India, (2025) 2 SCC 732, by which certain directions were issued for a post-result mechanism permitting the candidates placed at serial numbers 2 and 3, behind the returned candidate, to seek checking and verification of the burnt memory of the Control Unit, Ballot Unit and VVPAT in 5% of the machines used in the constituency, for any tampering or modification. Pursuant to these directions, the Election Commission issued an Administrative and a Technical Standard Operating Procedure, the latest consolidated version being dated 17.06.2025.
2.4. On 07.05.2026, the petitioner applied for such checking and verification in respect of fourteen polling stations, being 5% of the 286 polling stations in the constituency, and deposited the prescribed fee. The process commenced only on 29.07.2026, after a delay of nearly three months, and continued until 05.08.2026, when the third respondent addressed the impugned communication to the petitioner enclosing certified copies issued by the engineer of Bharat Electronics Limited in respect of the fourteen polling stations, declaring the process to have been carried out successfully.
2.5. In the course of the verification, the petitioner’s authorised representative raised several objections. It was pointed out that the VVPAT units at Polling Station Nos.28 and 75 malfunctioned during the confirmatory mock poll; that the EVM carrying cases relating to Polling Station No.157 bore blank or irregularly sealed address tags, said to be in breach of Rule 49-T of the Conduct of Elections Rules, 1961; that two ballot units at Polling Station No.79 did not tally with the recorded address tags; and that, at Polling Station No.208, the Control Unit failed, on the very date of the impugned order, to detect a Ballot Unit said to bear the petitioner’s name. The petitioner also complains that eighteen technical clarifications sought from the Bharat Electronics Limited engineer, and a request for the video recording of the proceedings, were left unanswered, and that no signed technical failure report was furnish
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