Madras HC refuses Stalin plea for VVPAT count, election declaration

The Madras High Court on Thursday dismissed a writ petition filed by DMK president M.K. Stalin, who had sought a directive for the complete counting of VVPAT slips in the Kolathur Assembly constituency and a subsequent declaration of his election. The First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan ruled the petition was not maintainable.

The court's decision came after the Election Commission of India (ECI) argued that the validity of a candidate's victory can only be contested through an election petition, not a writ petition. Senior counsel for the ECI warned that allowing such challenges via writ petitions would open the floodgates to similar pleas from numerous candidates.

In his plea, Stalin contended that he was unable to file an election petition within the statutory 45-day window because the ECI delayed the technical verification of burnt memory and microcontrollers in 5% of the EVMs used in Kolathur. He had requested the verification of 14 out of 286 EVM sets, citing a 2024 Supreme Court ruling that permits the runner-up or third-place candidate to seek such checks.

Stalin stated he made the request within three days of the May 4, 2026 result declaration, well within the seven-day limit set by the apex court. However, the ECI only conducted the verification between July 29 and August 5, 2026. During this process, his representative reportedly observed anomalies in the functioning of the machines.

Arguing that he should not be left without a remedy due to the ECI's delay, Stalin sought court intervention. The petition was opposed by senior counsel representing TVK MLA V.S. Babu, whose victory Stalin had sought to nullify.