New Delhi: The Supreme Court on Friday stayed
the trial of an election petition filed against Union minister
M K Azhagiri for alleged corrupt practices during the May 2009
elections from Madurai Lok Sabha constituency.
A bench of justices R M Lodha and H L Gokhale passed the
order on the fresh application moved by Azhagiri, eldest son
of DMK chief M Karunanidhi contending that "irreparable loss
and injury" will be caused to him if the trial was not stayed.
In an application moved through counsel V G Pragasam, the
Union Chemicals and Fertilisers Minister contended that the
election petitioner A Lazar of CPI-M had no "material facts"
in his possession to challenge his election as required under
sub-section 3 of Section 112 of the Representation of Peoples
He argued that Lazar`s petition cannot be entertained as
the original election petitioner P Mohan of CPI-M, who had
died, alone was in alleged possession of the material facts
claimed in support of the allegations of corrupt practices.
member of the CPI-M had no personal knowledge or possession of
the material facts claimed and hence the petition ought to be
The Madras High Court had, however, dismissed his plea
following which he appealed in the apex court.
The high court and the apex court had earlier dismissed
Azhagiri`s earlier application wherein he had challenged the
locus standi of Lazar on the ground that he cannot continue or
step into the shoes of the original petitioner Mohan, after
the later had died.
Lazar had chosen to continue with the election petition
after Mohan`s demise on October 30, 2009.