Madras High Court refuses to reject election plea against Udhayanidhi’s win from Chepauk-Thiruvallikeni

LoP Udhayanidhi Stalin. File | Photo Credit: PTI The Madras High Court on Friday (November 13, 2026) refused to reject an election petition filed by P. Milany of Theni district, challenging the victory of Leader of the Opposition (LoP) Udhayanidhi Stalin from the Chepauk-Thiruvallikeni Assembly constituency in the 2026 general elections.Justice G. Arul Murugan dismissed two applications filed by the LoP with a plea to reject the election petition and also strike off substantial pleadings of the election petitioner. The judge decided to proceed with the trial and directed the applicant to file his reply statement by December 11, 2026.The LoP had urged the court to reject the election petition on multiple grounds, including the supposed delay in filing the election petition within the statutory limitation period of 45 days from the date of declaration of results. However, the judge refused to accept the arguments advance by the applicant.The applicant was declared elected on securing 62,992 votes as against his nearest rival candidate D. Selvam of the TVK, who had garnered 55,852 votes. However, the election petition was filed by another candidate Mr. Milany who had contested from the constituency as an Independent and secured 30 votes.Highlighting that the result of the election was declared on May 4, 2026, the LoP claimed that the election petition challenging his victory ought to have been filed on or before June 17, 2026. Since the present petition had been filed on June 18, 2026, he argued that it was barred by limitation.The applicant’s contention was that the day of declaration of result must not be excluded while calculating the limitation period of 45 days prescribed under Section 81 of the Representation of the People Act, 1951, since the legal provision uses the term “from the date of election of the returned candidate.”His counsel had contended that the principle of excluding the first day, under the General Clauses Act of 1897, for the purpose of calculating limitation period would not apply to election petitions.“Normally, Your Lordship knows that if a judgment is pronounced today, the limitation would begin only from the next day. But the 1951 Act is a special legislation and it specifically states that an election petition must be presented within 45 days from the date of the election of the returned candidate,” the counsel had argued.He also claimed the Election Commission of India had also sent a communication to the Registrar General of the High Court confirming that the election petitions with respect to the 2026 general elections must be filed in the High Court on or before June 17, 2026. Published - November 13, 2026 12:30 pm IST