The Madras High Court on Wednesday dismissed for non-prosecution an election petition filed by a woman candidate challenging the victory of S.R. Parthiban of Dravida Munnetra Kazhagam from Salem Parliamentary constituency last year.
Justice P.T. Asha rejected the petition since the litigant, G. Pravina, who claimed to be a MBBS graduate apart from having obtained a law degree too, insisted on arguing the case in person but could not make it to the court on most occasions.
The judge agreed with Richardson Wilson, counsel for the returned candidate, that the election petition need not be kept pending any more since the petitioner did not appear to be serious in prosecuting the case and had been exhibiting a lethargic attitude.
When the case was listed on January 3, the litigant reported that she could not appear before the court on short notice. Hence, the judge directed the Registry to inform the petitioner over phone as well as through WhatsApp regarding the hearing fixed on February 3.
The Registry complied with the order and the litigant too acknowledged. Nevertheless, she did not appear before the court on February 3 too. Enquiries revealed that she had been addressing various letters to the Registry on the WhatsApp number from which she had received notice.
Making it clear that a litigant could not make applications through WhatsApp, the judge adjourned the case to February 26 with a warning that it would be dismissed in case of non appearance. Despite the warning, she was not present on Wednesday and so the judge dismissed the case.
