Vijay moves to dismiss DMK candidate's poll petition over unproven expense claims

Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam (TVK) leader C. Joseph Vijay has moved the Madras High Court to dismiss an election petition filed by DMK candidate R.D. Shekar, arguing that the allegations of campaign expenditure violations are based on conjecture rather than evidence.

Shekar, who lost the Perambur Assembly constituency seat to Vijay by a margin of 53,715 votes, had alleged that the TVK spent over the statutory ceiling of ₹40 lakh during campaigning. Specifically, he claimed that music composer Ghantasala Sai Srinivas, known professionally as Thaman, was paid ₹10 lakh to compose the party's campaign song 'Thani oruvan vedichu varaan, visillu onnu adichu varaan'.

In an affidavit supporting his application to reject the petition, Vijay contended that Shekar only claimed to have "reasonably learnt" that Thaman "would have charged ₹10 lakh." The affidavit argued that the petition does not plead any contract, invoice, receipt, quotation, actual payment, date of payment, payer, payee, or reimbursement demonstrating that such expenditure was incurred.

The Chief Minister further stated that the petition fails to provide material with precision to prove other alleged expenses beyond the statutory ceiling. He said the petition "merely aggregates estimated and assumed amounts," several of which lack foundational facts of incurring, payment, and authorisation.

Addressing allegations of receiving foreign contributions, Vijay argued that the petition does not identify any foreign contributor or the amount of alleged foreign contribution. He added that the mere existence of a social media account operated by a person residing outside India does not constitute material evidence of receiving foreign funds.

Vijay also refuted claims that his physical presence in places of worship during the campaign constituted a corrupt practice. He noted that Section 83(1)(b) of the Representation of the People Act, 1951 requires full particulars of corrupt practices, but the petition does not set out the words constituting the religious appeal, the precise communication, or the audience to whom it was addressed.

The court is yet to rule on the application to dismiss the election petition.