Cases against politicians fail to reach logical end due to govt. officials’ ‘dilatory tactics’: Madras HC

The Madras High Court on Friday expressed anguish over most of the criminal cases against politicians not reaching their logical end due to the “usual dilatory tactics” adopted by government officials in lodging complaints under relevant laws.

The Madras High Court on Friday (February 28, 2025) expressed anguish over most criminal cases against politicians not reaching their logical end due to the “usual dilatory tactics” adopted by government officials in lodging complaints under relevant laws.

Third Division Bench of Justices R. Subramanian and G. Arul Murugan also clarified that when they refer to politicians, they mean those belonging to all parties across the political spectrum, irrespective of whether they are in power or not.

The observations were made while disposing of a case wherein the Tamil Nadu State Election Commission (TNSEC) expressed helplessness, saying only the government officials concerned could pursue complaints regarding the filing of false affidavits by electoral candidates.

After recording the submission, the Division Bench directed the Chief Secretary to initiate action against those who had held the post of Tiruvarur Collector since March 2, 2023, when a district panchayat ward member was found to have suppressed details regarding his wealth in his election affidavit.

The judges said, the present writ petitioner, D. Sarathbabu, had lodged a complaint with the TNSEC as early as August 24, 2021, accusing the district panchayat member S. Papa Subramaniyan of having been elected in 2019 without disclosing the full details of assets owned by him and his family.

The TNSEC forwarded the complaint to the Tiruvarur Collector. Thereafter, an inquiry was conducted by the Tamil Nadu Rural Livelihood Mission Director (Projects), who on March 2, 2023, found that the elected representative had suppressed details regarding his wealth in the affidavit filed with his election nomination.

However, after sitting over the findings of the inquiry for seven months, the Project Director wrote to the Tiruvarur Superintendent of Police only on October 27, 2023, with a request to initiate appropriate criminal prosecution, and marked a copy of his letter to the Collector.