The petitioner had demanded an FIR against Vijay and compensation for victims. The court noted the derecognition plea was inapplicable and referred Karur stampede-related cases to a special bench, acknowledging a CBI probe is handling the FIR.
The Election Commission of India (ECI) has informed the Madras High Court that actor-turned politician Vijay’s Tamilaga Vettri Kazhagam (TVK) has not received official recognition as a political party. According to ECI regulations, a political party can obtain state-level recognition through several criteria: obtaining a minimum of 6% of valid votes along with winning two Assembly seats or one Lok Sabha seat; achieving 6% of the valid vote share in the most recent Lok Sabha elections within that state; securing at least 3% of total seats or three seats (whichever number is higher) in the previous Assembly elections; gaining one Member of Parliament for every 25 members allocated to the state in the Lok Sabha; or receiving at least 8% of total valid votes in either the last Assembly or Lok Sabha election from the state.
These statements were presented to a bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan during proceedings on a petition demanding the party’s derecognition among other requests. Advocate Niranjan Rajagopal clarified to the court that since TVK lacks official recognition, the petition’s primary demand was not applicable. The bench instructed the Registry to forward all matters related to the Karur Stampede to the administrative division of the High Court for the formation of a dedicated bench to handle these cases, excluding those already under Supreme Court consideration. Originally filed at the Madurai bench of the Madras High Court, the petition was transferred to the Chief Justice’s bench because the Chief Election Commissioner was named as the first respondent.
What Did The Petitioner Seek?
The petitioner additionally requested amendments to the FIR in the case, seeking inclusion of IPC Sections 304A, 336-338, Sections 75 and 33 of the Juvenile Justice Act, along with Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986, with actor Vijay as the accused. The petitioner, a lawyer practicing at the Madurai bench, contended that the political rally held in Karur on September 27 attracted a massive crowd, including children, infants, women, and elderly individuals, in a confined space. The petitioner alleged that due to severe negligence, poor management, and breach of permitted conditions, 40 individuals lost their lives and numerous others sustained injuries, LiveLaw reported. The petition stated that the event organizers gravely violated fundamental rights protected under Articles 21 and 21A of the Constitution, as well as Directive Principles outlined in Articles 39(e) and 39(f).
The petition further argued that the organizers breached multiple legal provisions, including the Child Labour (Prohibition and Regulation) Act, 1986, the Juvenile Justice (Care and Protection of Children) Act, and the Representation of People Act. Additionally, the petitioner claimed the party disregarded guidelines established by the Bombay High Court in Chetan Bharatkumar Dhakan v. State of Maharashtra, which prohibited the involvement of minors in election campaigns and mandated the Election Commission of India to create stringent guidelines on this matter. The petition asserted that despite existing legal safeguards, organizers failed to prevent minors, women, and vulnerable individuals from attending the rally, resulting in negligent homicide under IPC Section 304A and endangerment of public safety under IPC Sections 336, 337, and 338.
Consequently, the petitioner requested that the Election Commission derecognize or deregister the party for electoral violations and infringement of fundamental rights, and enforce strict prohibition on using children in political events. The petition also demanded that actor Vijay compensate the bereaved families with a minimum of Rs. 1 crore each. The court observed that the request to modify the FIR against Vijay would be appropriately addressed by the Supreme Court’s order mandating a CBI investigation. Regarding remaining requests, the court noted that a Special bench could handle all pending cases connected to the Karur Stampede.