Madras HC Lets Vijaya Prabhakaran Withdraw Virudhunagar Election Petition After No One Sought To Continue It

The petitioner challenged the election of the first respondent as returned candidate from the Virudhunagar Parliamentary Constituency in the 2024 Lok Sabha election, seeking, among other reliefs, recounting of postal and EVM votes and a declaration that he was duly elected

He later filed OA No. 865 of 2026 under Sections 109 and 110 of the Representation of the People Act, 1951, seeking leave to withdraw the election petition, stating that he wished to focus on public life and his constituents

Following the Court’s direction, notice was served on the parties and notice was published in the Official Gazette; no objection or substitution petition was filed

OA No. 920 of 2024 sought to strike off the Returning Officer, arrayed as the 27th respondent

Sections 109 and 110 of the Representation of the People Act, 1951, govern the withdrawal of an election petition and the procedure relevant to such a request.

The Court considered the notice to the parties and Official Gazette publication, the absence of objections or a substitution petition, and whether there was material indicating a bargain for withdrawal

No precedent was cited.

The Court noted that the required notice and publication had occurred and that no party had objected or sought to continue the election petition by substitution

Although the petition alleged malpractices, the Court found no material suggesting that its withdrawal resulted from a bargain. Given the petitioner’s decision not to continue the litigation, the Court concluded that keeping the petition pending would serve no purpose

The connected applications, including OA No. 920 of 2024, were closed, and the Registry was directed to report the withdrawal to the Election Commission