SC quashes petition challenging election of DMK MP Kanimozhi in 2019 Lok Sabha polls

Her election was challenged by a voter, A Sanathana Kumar, on grounds that she failed to mention her husband’s Permanent Account Number (PAN) in her election affidavit disclosing family assets.

NEW DELHI:  DMK MP Kanimozhi Karunanidhi breathed a sigh of relief as the Supreme Court on Thursday quashed the election petitions challenging her election from the Thoothukudi Lok Sabha constituency in the 2019 general elections.

A bench of Justices Ajay Rastogi and Bela Trivedi while pronouncing the judgement said, “Election petitions are dismissed. Appeals are allowed.” 

DMK leader had approached SC against Madras HC’s order of refusing to dismiss election petitions challenging her election. The election petitions were filed by a voter and a BJP leader separately alleging that Kanmozhi failed to mention her husband’s Permanent Account Number (PAN) in her election affidavit disclosing family assets.

Kanimozhi in her plea before the SC had contended that she was only required to disclose her Husband’s nationality and not if he holds a PAN account, in her election affidavit.

It was also contended in her plea that she had clearly mentioned that her spouse did have a PAN number, and if the respondent contends that this statement is wrong, he was required to substantiate the allegation that the statement was incorrect.

Without these averments, the bald and vague statement that the petitioner has not provided her spouse’s PAN cannot be maintained in an election petition in light of several judgments of the Supreme Court