Chennai, July 28:
The Madras High Court adjourned to July 29, a poll petition filed by one of the losing Kolathur Assembly constituency candidates seeking a probe by the Election Commission of India (ECI) against DMK President and Former Tamil Nadu CM M K Stalin for allegly ing suppressing details about DMK Charitable Trust in his poll affidavit.
Stalin lost the recent Assembly polls from his stronghold of Kolathur after winning thrice in successions in the 2011, 2016 and 2021 polls.
When the petition was taken up for hearing, the First Bench comprising Chief Justice S A Dharmadhikari and Justice G Arul Murugan posted the matter to June 29 after directing the petitioner to submit proper English translations of he Tamil document.
The petition was filed in the Madras High Court against Stalin for alleged non-disclosure of assets by suppressing details about the DMK Charitable Trust and sought directions to the Chief Election Commissioner and the Chief Electoral Officer, Tamil Nadu, to inquire into alleged discrepancies in the affidavit filed by him.
During hearing the First Bench cnoted that the petitioner had failed to file a proper English translation of Stalin’s Form 26 affidavit. Form 26 is the statutory affidavit accompanying a candidate’s nomination papers, requiring disclosure of assets, liabilities, beneficial interests, criminal antecedents and other material particulars.
Questioning the maintainability of the plea in the absence of supporting material, the Court orally observed “You’re making allegations against a returned candidate who has lost. What is the material available in this petition for convincing us to issue a direction for conducting an enquiry?… If this is not the correct translation, then why should we hear this? Without any material, we can’t issue notice.”
Senior Advocate P. Wilson, appearing for Stalin, submitted that a candidate is not required to disclose details of all trust properties in Form 26. Agreeing that the relevant documents must first be placed on record, the Court directed the petitioner to file complete documents along with accurate translations.
The petition was filed by T. Sivagnanasambandan, political advisor to the Desiya Makkal Sakthi Katchi (DMSK), who had also contested the 2026 Tamil Nadu Assembly election from the Kolathur constituency, from where Stalin contested. The seat was won by V.S. Babu of the Tamilaga Vettri Kazhagam (TVK).
According to the petitioner, Stalin failed to disclose property valued at Rs 2.27 crore allegedly held by him in his capacity as Permanent Trustee and Managing Trustee of the DMK Charitable Trust in the Form 26 affidavit submitted along with his nomination papers.
The plea contends that the statutory affidavit is intended to ensure transparency and integrity in the electoral process by requiring every contesting candidate to disclose all movable and immovable assets, liabilities, beneficial interests, trusteeships, financial interests and other material particulars, thereby enabling voters to make an informed choice.
It was further alleged that the omission of these details undermines free and fair elections and deprives the electorate of its constitutional right to know the complete antecedents of a candidate. The petitioner also submitted that despite representations made to the Chief Election Commissioner and the Tamil Nadu Chief Electoral Officer, along with supporting material alleging suppression of material particulars, no inquiry was initiated and no orders were passed.
Alleging that such inaction is arbitrary and violative of the provisions of the Representation of the People Act and Articles 14 and 324 of the Constitution, the petitioner has sought directions to the authorities to consider his representations, conduct an inquiry into the alleged suppression and non-disclosure, and take appropriate action in accordance with law.