HC says petition on councillors frivolous, orders costs

Chennai, Mar 8 (UNI) Madras High Court today dismissed with cost a petition seeking a direction to the police to register his complaint for filing criminal cases against 98 councillors who resigned and others who indulged in booth capturing and rigging during the October 13 Chennai Corporation Polls.

Mr Justice D Murugesan dismissed the petition filed by Communist Party of India (Marxist-Leninist) State Executive Committee Member P T Shanmughasundaram and imposed a cost of Rs 10,000 on him for filing a frivolous petition and taking the court's precious time for personal gain.

In his order, the judge said the petition was not only misconceived but also frivolous, abused process of court and liable to be dismissed at the threshold.

Though the petitioner could have a grievance at non-registeration of cases against councillors on the ground they indulged in booth capturing and rigging and his complaints were not registered, in the present context, as the entire matter was sub-judice before the Supreme Court, the relief sought for in this petition cannot be ordered, the judge added.

The petitioner unnecessarily made scathing allegations against the persons in their individual capacity as well and that too, without any supporting materials and impleading such persons as parties to the petition.

The affidavit presented before the court casts serious allegations against the President of DMK, 'which, in my considered view, are not nessary for the relief sought for in the petition and those allegations are made only to undermine the individual's position.' Such allegations should not be entertained and in fact, should be deprecated, as such an attempt, if entertained, would embolden persons to make allegations before the court for obvious personal reasons.

Hence in my considered view, it was a fit case where cost should be imposed on the petitioner. Accordingly, the petition was dismissed with cost of Rs 10,000 to be paid by the petitioner to the Tamil Nadu State Legal Services Authority within 15 days, the judge added.

UNI