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Madras HC closes case over delay in numbering complaint against Udhayanidhi

Source: IANS - National
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Madras HC closes case over delay in numbering complaint against Udhayanidhi

Chennai, Oct 15 — The Madras High Court on Thursday closed a case concerning the delay in numbering a criminal complaint against Leader of the Opposition Udhayanidhi Stalin over alleged electoral malpractice during the 2026 Tamil Nadu Assembly elections.

Justice V. Lakshminarayanan passed the order after the Metropolitan Magistrate in George Town, Chennai, confirmed that the complaint had been numbered and a pre-cognisance notice issued.

The High Court had earlier sought a report from the magistrate on the time required to number the complaint.

Following confirmation that the procedural step had been completed, the court closed the petition challenging the delay. The order concerns only the grievance over the processing of the complaint and does not amount to a decision on the allegations against Udhayanidhi.

The petitioner, Milany, who also contested from Chepauk, had approached the High Court seeking a direction to the magistrate to expedite the process and take his complaint on file. Milany submitted that he lodged the complaint on September 8, 2026, under Section 125A of the Representation of the People Act.

When questions arose about its maintainability, he provided an oral explanation and subsequently submitted a written clarification.

Despite this, he alleged that more than 25 days passed without the complaint being numbered or returned with instructions to rectify any deficiencies.

He contended that keeping it pending without assigning a case number denied him timely access to justice. The complaint accused Udhayanidhi of making false declarations in his election affidavit. Milany claimed that documents obtained from the District Election Officer supported his allegations of corrupt practice and undue influence on voters.

Citing a Supreme Court judgment, the petitioner argued that false declarations concerning the assets of a candidate or their spouse constituted corrupt practice.

He further alleged that Udhayanidhi’s political influence and financial resources made the delay particularly concerning. Milany described the failure to take the complaint on record as a travesty of justice.

He also pointed to the establishment of special courts to expedite proceedings involving MPs and MLAs, arguing that delays in processing complaints undermined their purpose.

Earlier, Milany had moved the High Court seeking directions to the Election Commission of India to furnish election-related documents concerning Udhayanidhi.

During those proceedings, the court observed that filing an election petition was a statutory right. Thursday’s disposal followed the magistrate’s report confirming action on the complaint.