SC to hear TVK MLA's plea against Madras HC floor test bar on May 13
Synopsis
A one-vote margin in Tiruppattur has triggered a constitutional standoff: the Madras High Court has barred TVK MLA Sethupathi from participating in any floor test in the Tamil Nadu Assembly, citing an allegedly misdirected postal ballot and an 18-vote EVM discrepancy. The Supreme Court takes up his challenge on 13 May — with the numerical strength of the House potentially at stake.
Key Takeaways
Supreme Court is set to hear TVK MLA R.
Seenivasa Sethupathi's plea on 13 May 2025 .
The Madras High Court barred Sethupathi from participating in any floor test proceedings in the Tamil Nadu Assembly until further orders.
Sethupathi won the Tiruppattur Assembly seat by just one vote — 83,365 against DMK's K.R.
Periakaruppan's 83,364 .
Periakaruppan alleged a postal ballot was misdirected to the wrong constituency and an 18-vote EVM discrepancy exists between official sources.
The ECI argued election disputes must go through an election petition under the Representation of the People Act, 1951 ; the High Court overruled this on grounds of exceptional circumstances.
The SLP is listed before Justices Vikram Nath , Sandeep Mehta , and Vijay Bishnoi .
The Supreme Court is scheduled to hear on Wednesday, 13 May a plea filed by Tamilaga Vettri Kazhagam (TVK) MLA R. Seenivasa Sethupathi, challenging a Madras High Court interim order that bars him from participating in any floor test proceedings in the Tamil Nadu Legislative Assembly. The dispute stems from Sethupathi's razor-thin one-vote victory in the Tiruppattur Assembly constituency of Sivaganga district.
Background of the Case
According to official results declared by the Election Commission of India (ECI), Sethupathi secured 83,365 votes, while former Tamil Nadu Minister and Dravida Munnetra Kazhagam (DMK) leader K.R. Periakaruppan polled 83,364 votes — a margin of just one vote. Periakaruppan subsequently filed a writ petition before the Madras High Court, alleging serious irregularities in the counting process.
Periakaruppan alleged that a postal ballot meant for Tiruppattur Assembly constituency No. 185 in Sivaganga district was mistakenly dispatched to Tiruppattur Assembly constituency No. 50 in Tiruppattur district near Vellore, where it was rejected instead of being transmitted back to the correct constituency.
What the Madras High Court Ordered
A vacation bench of Justices L. Victoria Gowri and N. Senthilkumar passed an interim order restraining Sethupathi from
Point of View
But the High Court has carved out an exception on the ground of administrative failure upstream of the result itself. The Supreme Court's response on Wednesday will set a precedent: can a High Court freeze an MLA's legislative rights pending an election dispute, or does that cross the line into impermissible judicial interference with the functioning of a House? With Tamil Nadu's political arithmetic potentially sensitive, the stakes extend well beyond one constituency.
NationPress
1 Jul 2026
Frequently Asked Questions
Why has the Madras High Court barred TVK MLA Sethupathi from floor test proceedings?
The Madras High Court issued an interim order barring Sethupathi from voting in any floor test in the Tamil Nadu Assembly after DMK's K.R. Periakaruppan alleged serious irregularities in the Tiruppattur constituency count, including a misdirected postal ballot and an 18-vote EVM discrepancy. The court held the case involved an exceptional constitutional anomaly warranting interim protection.
What is the one-vote margin dispute in Tiruppattur?
TVK MLA R. Seenivasa Sethupathi won the Tiruppattur Assembly seat by a single vote — 83,365 to 83,364 — over DMK leader K.R. Periakaruppan. Periakaruppan alleged a postal ballot meant for his constituency was sent to a different constituency with a similar name and wrongly rejected there, potentially altering the outcome.
What will the Supreme Court decide on 13 May?
The Supreme Court will hear Sethupathi's Special Leave Petition challenging the Madras High Court's interim order barring him from any floor test in the Tamil Nadu Assembly. The bench of Justices Vikram Nath, Sandeep Mehta, and Vijay Bishnoi may decide whether to stay, modify, or uphold the High Court's direction.
What was the Election Commission's stand in the Madras High Court?
The Election Commission of India argued that once results are declared, disputes can only be resolved through an election petition under the Representation of the People Act, 1951, and that the Returning Officer's powers cease after the declaration. The High Court rejected this, holding the case involved an unprecedented administrative failure in the electoral chain.
Does the Madras High Court order set aside Sethupathi's election?
No. The Madras High Court explicitly clarified that its interim order does not set aside Sethupathi's election or confer any right on Periakaruppan to be declared elected. It only restrains Sethupathi from participating in floor test proceedings until further orders.
