A writ petition has been filed in the Madras High Court seeking a direction to the Election Commission of India (ECI) to inquire into a complaint regarding former Tamil Nadu Chief Minister M.K. Stalin having allegedly suppressed certain details in his election affidavit and consequently initiate criminal proceedings against him under Section 125A of the Representation of the People Act, 1951 if the allegation gets substantiated.

First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan would be hearing on Monday (July 27, 2026) the writ petition filed by 73-year-old advocate T. Sivagnanasambandan who had contested against Mr. Stalin in Kolathur constituency in the 2026 Legislative Assembly elections as a candidate sponsored by Desiya Makkal Sakthi Katchi (DMSK).

The petitioner submitted that Section 33A of the 1951 Act read with Rule 4A of the Conduct of Election Rules, 1961 requires every candidate contesting the parliamentary and Legislative Assembly elections to file affidavits, along with Form-26, disclosing all of their movable and immovable assets, liabilities, beneficial interests, trusteeships, financial interests and other material particulars.

Filing of the affidavit was not an empty formality but a statutory requirement aimed at ensuring transparency and integrity in the electoral process so that the electorate could make an informed electoral choice after knowing about the financial status of the contestants, the petitioner said. He accused Mr. Stalin of not having disclosed details related to Dravida Munnetra Kazhagam (DMK) Charitable Trust.

The petitioner claimed Mr. Stalin had become the managing trustee of DMK Charitable Trust after the death of his father M. Karunanidhi in 2018. Thereafter, the trust had acquired an immovable property located at Kadambadi village in Chengalpattu district for a valuable consideration of ₹2.27 crore and the transaction was registered with the Tirukazhukundram Sub Registrar’s office in 2019.

However, this material particular had not been disclosed in the Form-26 affidavit filed before the Returning Officer, the petitioner alleged and claimed to have made a representation in this regard to the ECI as well as the Chief Electoral Officer (CEO) on May 12, 2026. The representation insisted upon conducting an immediate inquiry and initiation of proceedings under Section 125A of the 1951 Act.

Claiming the ECI and the CEO had failed to act upon his representation, the petitioner sought a direction to them to consider and dispose of his plea “by conducting an inquiry into the allegations relating to suppression, non disclosure of trusteeship, beneficial interest... and thereafter, take appropriate action in accordance with law if the allegations are found to be substantiated.”