Disputed Question Of Fact Cannot Be Adjudicated On In A Writ Petition: Madras High Court Declines To Interfere With Election Of MPs/MLAs
Live LawThe Madras High Court recently refused to interfere with the election of some MPs and MLAs noting that the issue involved disputed questions of fact which could not be looked into in a writ petition. “In the present case, the disputed questions of fact exist as to whether these persons are members of two political parties or one and at the same time, whether they were the members of the political party on whose symbol they had contested the election and whether they are the members of one political party and contested election on the party symbol of other political party. Ravi had contended that the respondent MPs and MLAs were members of one political party but had contested the election on the symbol of another political party which was impermissible under law. The court noted that the issue involved questions as to whether the persons were members of the political party in whose symbol they had contested or whether they belonged to some other political parties.