Setback for MK Stalin as High Court rejects plea against TVK's Kolathur win

In the Tamil Nadu assembly polls, DMK chief MK Stalin was defeated by TVK's VS Babu in Kolathur by a margin of 8,795 votes. Stalin sought verification of the election results.

In a setback to former Tamil Nadu Chief Minister MK Stalin, the Madras High Court on Thursday dismissed his plea challenging the victory of TVK candidate VS Babu from Kolathur in the 2026 assembly election. In Kolathur, Stalin was defeated by a margin of 8,795 votes.

A bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan said the plea by Stalin was not maintainable. A detailed order is awaited. The DMK chief, in his petition, alleged irregularities in the voting process. He sought verification of 14 EVM sets - representing 5% of the 286 EVMs in the constituency - as per a mechanism laid down by the Supreme Court.

WHAT ISSUES WERE RAISED BY MK STALIN?

Stalin applied for verification on May 7, three days after the election result was declared on May 4, where Vijay's TVK emerged as the single largest party. However, Stalin pointed out in his writ petition that the verification process began only on July 29.

The former chief minister said the verification of 14 EVMs and VVPAT machines revealed discrepancies. In his plea, Stalin sought re-verification of all 286 voting machines used in Kolathur. The plea also urged the court to declare VS Babu's election void and Stalin the winner.

During the hearing, the Election Commission (ECI) objected to the plea, arguing that Article 329 (b) of the Constitution barred courts from entertaining a challenge to an election except through an election petition. Stalin had filed a writ petition.

Countering the ECI, senior advocate Kapil Sibal, appearing for Stalin, pointed out that the deadline for filing an election petition expired before the poll watchdog carried out the EVM verification exercise.

Sibal argued that the alleged irregularities in the EVMs came to light only after the verification exercise was carried out. He further flagged that it was done after the 45-day limitation period for filing an election petition was over.

"While I file the application within five days, we open the machines after 45 days. So how could I file an election petition?" Sibal said, according to a report in Bar and Bench.

It, however, failed to convince the High Court, which dismissed Stalin's petition.

The poll results were a major setback to the veteran Tamil Nadu leader. Not only did his DMK fail to retain power, but Stalin was also defeated in Kolathur by a party that was contesting its maiden polls. Stalin has been a three-time MLA from Kolathur.

After the win, VS Babu attributed the victory to anti-incumbency and Stalin's lack of connect with the constituency.

"It's we who made him (MK Stalin) enter Kolathur. He doesn't know anyone in Kolathur. Whether he is CM or MLA, he should mingle with the local people first. People are watching it," the TVK MLA told reporters in May.

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