Madras HC allows withdrawal of plea over Stalin's 2026 election affidavit
Synopsis
A writ petition seeking an ECI probe into whether M.K. Stalin failed to disclose his trusteeship in the DMK Charitable Trust in his 2026 election affidavit was withdrawn in the Madras High Court on Wednesday. The bench observed no prima facie personal interest of Stalin in the trust's assets — but crucially, the allegations were never adjudicated on merit, leaving the door open for further legal action.
Key Takeaways
The Madras High Court on 29 July allowed withdrawal of a writ petition against M.K.
Stalin's 2026 Assembly election affidavit.
The bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G.
Arul Murugan found no prima facie personal interest of Stalin in the DMK Charitable Trust assets.
Sivagnanasambandan , a 73-year-old advocate and DMSK candidate from Kolathur , alleged Stalin omitted his trusteeship and a ₹2.27 crore property acquired in 2019 .
The court made no ruling on the merits of the allegations; the petitioner retains the right to pursue other legal remedies.
The Madras High Court on Wednesday, 29 July permitted the withdrawal of a writ petition that had sought a direction to the Election Commission of India (ECI) to probe allegations that Dravida Munnetra Kazhagam (DMK) president and former Tamil Nadu Chief Minister M.K. Stalin had failed to disclose details relating to the DMK Charitable Trust in his affidavit filed for the 2026 Tamil Nadu Assembly elections. The court made no ruling on the merits of the allegations.
Court's Key Observations
A First Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan dismissed the petition as withdrawn after hearing preliminary submissions from both sides. During the hearing, the Bench observed that the allegations raised did not appear to establish any personal interest of Stalin in the properties held by the DMK Charitable Trust.
The judges noted that the material placed before the court did not prima facie indicate that the former Chief Minister had any direct ownership or personal stake in the trust's assets that would have required disclosure in his election affidavit. Following these observations, counsel for the petitioner sought permission to withdraw the plea.
Who Filed the Petition
The petition was filed by T. Sivagnanasambandan, a 73-year-old advocate who had contested against Stalin from the Kolathur Assembly constituency in the 2026 Tamil Nadu Legislative Assembly election as a candidate of the Desiya Makkal Sakthi Katchi (DMSK).
Sivagnanasambandan alleged that Stalin had omitted to declare his trusteeship in the DMK Charitable Trust while filing his nomination papers. He further claimed that the trust had acquired a property worth ₹2.27 crore in 2019, and argued that the alleged omission warranted an ECI inquiry into the correctness of the affidavit.
What the Petitioner Had Sought
The petitioner had sought a judicial direction compelling the ECI to examine the complaint and take appropriate action under the provisions governing election disclosures. The plea was aimed at ensuring accountability in the affidavit-filing process, a mechanism designed to give voters a transparent view of candidates' financial and legal standing.
Outcome and What Comes Next
The Bench dismissed the case as withdrawn while explicitly preserving the petitioner's right to pursue any other legal remedies available under law. Since the court allowed withdrawal without adjudicating on the substance, the allegations remain untested before any judicial forum. Sivagnanasambandan retains the option to approach alternative legal avenues, including filing a fresh complaint directly with the Election Commission, if he chooses to do so.
Point of View
But it is not a finding on merits. Election affidavit disputes in India rarely progress to substantive rulings, and this case follows that pattern. What the episode does highlight is the continued use of writ petitions as political instruments during election cycles — a trend courts have grown increasingly wary of entertaining without clear locus standi.
NationPress
29 Jul 2026
Frequently Asked Questions
What was the Madras High Court case against M.K. Stalin's 2026 election affidavit about?
The case involved a writ petition alleging that DMK president M.K. Stalin failed to disclose his trusteeship in the DMK Charitable Trust in his affidavit filed for the 2026 Tamil Nadu Assembly elections. The petitioner also claimed the trust had acquired a property worth ₹2.27 crore in 2019 that warranted disclosure.
What did the Madras High Court decide?
The court allowed the petitioner to withdraw the writ petition and dismissed it as withdrawn. The bench observed that the material before it did not prima facie establish any personal interest of Stalin in the trust's assets, but made no ruling on the merits of the allegations.
Who filed the petition against Stalin's election affidavit?
The petition was filed by T. Sivagnanasambandan, a 73-year-old advocate who contested against Stalin from the Kolathur Assembly constituency in the 2026 Tamil Nadu elections as a candidate of the Desiya Makkal Sakthi Katchi (DMSK).
Can the petitioner take further legal action?
Yes. The Madras High Court explicitly preserved the petitioner's right to pursue any other legal remedies available under law. Sivagnanasambandan can approach alternative forums, including filing a fresh complaint with the Election Commission of India.
What is the DMK Charitable Trust at the centre of the dispute?
The DMK Charitable Trust is a trust associated with the Dravida Munnetra Kazhagam party. The petitioner alleged that Stalin, as a trustee, was required to disclose this association in his election nomination affidavit, and that the omission of a ₹2.27 crore property acquired in 2019 warranted an ECI investigation.
