“Publicity Litigation”: Madras HC Dismisses Plea Against Distribution Of Cash & Gifts During Election, Says ECI Already Taking Steps

The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan took note of the submissions made by the Election Commission of India and the State Government that necessary steps were being taken to curb the issue. Remarking that the petition was just a publicity interest litigation, the court dismissed the same.

“ECI is already taking steps for all this. This is just a public interest litigation. We will have to start dismissing these petitions with costs. We can't waste our judicial time on this,” the court orally remarked.

In his plea, the petitioner Ramesh submitted that corruption and vote for cash was a practice that was being followed in Tamil Nadu elections for past some years. It was submitted that once a party attains overwhelming superiority in money, newspaper, support and patronage, it would be impossible for it to be defeated.

Citing the cash that was seized by the Election Commission during the 2021 General Assembly election, the petitioner submitted that the failure of the flying squad had created a lot of problems and the assembly election for Tanjore and Aravankurichi had to be postponed. He further submitted that though the Election Commission received many complaints, it did not take any stringent action not postponed or cancelled the elections. The petitioner argued that the action of the Election Commission caused the brutal murder on democracy.

The petitioner submitted that the practice of distributing cash for vote was the route cause for maximum corruption and bribery in the country. It was submitted that while political rulers are doing corruption, the bureaucrats, contractors, businessman, government employees etc have also been taking active part in bribery and corruption.

One reason, as per the petitioner for the high corruption in election was its optional nature. The petitioner thus suggested that voting be made compulsory/mandatory (expect for some category like sick, elderly and bedridden) and domestic punishment be taken against those who do not vote including stopping electricity, water, ration etc.

When the matter was taken up on Wednesday, Advocate Niranjan Rajagopal, standing council for the ECI submitted that 2169 flying squad and 2166 static surveillance teams had been appointed who were taking care of the issue. Advocate General PS Raman also informed the bench that the state was providing all the assistance needed by the ECI.

Taking note of the submission, the Court dismissed the plea.

Case Title: KK Ramesh v Union of India and Others

Citation: 2026 LiveLaw (Mad) 138

Case No: WP(MD) 8722 of 2026