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Even after the completion of the 2026 assembly elections in Tamil Nadu and the formation of the new government, the political and legal tussle is not stopping. The Madras High Court has taken extremely serious note of the alleged use of innocent children for election campaigning and seeking votes by the ruling party ‘Tamizhaga Vetri Kazhagam’ (TVK) during the elections. The court has issued a notice to the Election Commission of India (ECI) on this sensitive subject and sought its reply. It is noteworthy that at present the head of TVK and the newly elected Chief Minister of Tamil Nadu is famous actor C. Joseph Vijay.
Considering the sensitivity of this matter, the court has asked many sharp questions to the Election Commission, which has created a stir in the political circles of the state.
High Court’s harsh comment: The candidate is ineligible, but can the entire party be banned?
According to the official legal report of ‘Bar & Bench’, Madras High Court Justice G.R. A division bench of Justices Swaminathan and V. Lakshminarayanan heard the case. The bench raised a big constitutional and legal question before the Election Commission. The court asked whether an entire political party, rather than an individual candidate, could be disqualified or banned for promoting ‘corrupt practices’ in elections?
The court commented, “Ordinarily a candidate can be disqualified for election irregularities, but can a recognized party be disqualified? This legal point needs to be considered very seriously.” The bench directed the counsel (lawyer) of the Election Commission to obtain necessary instructions and guidelines from the top officials of the Commission in this entire matter and inform the court.
Big revelations in PIL: Serious allegations against TVK, DMK and AIADMK
In this public interest litigation (PIL) filed by advocate Vasuki, the ruling party of the state as well as major opposition parties have been put in the dock. The major allegations made in the petition are as follows:
Allegations against Tamizhaga Vetri Kazhagam (TVK): The party is accused of emotionally using children for election campaign. According to the petition, in a massive rally held at the YMCA grounds on April 21, a direct appeal was made to children to emotionally influence the voting choice of their parents.
Allegations against Dravida Munnetra Kazhagam (DMK): The opposition party has been accused of rampantly using corrupt practices like ‘note-for-vote’ (cash for vote) to garner votes in several important constituencies including Mylapore, Alangulam and Thirumangalam.
Allegations against AIADMK: The party has also been accused of distributing cash and gifts to unduly influence voters on and just before the polling day.
The petitioner’s counsel also told the court that Chief Minister C. Joseph Vijay, in his first official address after the bumper election results, had specifically thanked the children. The petition claims that there are many such videos available on the internet and social media, in which small children can be clearly seen insisting and putting emotional pressure on their parents and grandparents to vote for a particular political party (TVK).
The problem with the Representation of the People Act 1951: What does the law book say?
During the hearing of this high-profile case, some very important technical and legal points have been raised in the court under the ‘Representation of the People Act, 1951’, which will decide the outcome of this case:
Section 123: This section defines activities like bribery, religious-caste polarization and exerting undue influence on voters as ‘corrupt practices’ during elections. Usually it is used through ‘Election Petition’ against a winning candidate.
Section 100: This section clarifies the concrete grounds under which the court can declare the election of a winning candidate as ‘null and void’.
Now the biggest question before the court is whether punitive action can be taken directly against any political party by increasing the scope of these sections or not. If the court takes a strong stance on this, it will set a big precedent in the electoral history of the country.