The Election Petition Against Udhayanidhi Stalin filed by an independent candidate will now go forward, with the Madras High Court dismissing the DMK leader’s preliminary applications and directing him to file his written statement within four weeks.
Chennai: In the Chepauk-Thiruvallikeni Assembly constituency, DMK leader Udhayanidhi Stalin polled 62,992 votes in the 2026 Tamil Nadu Assembly elections and independent candidate P Milany polled 30. On Friday, November 13, 2026, the Madras High Court refused to dismiss at the threshold the election petition in which Milany challenges Stalin’s victory [P. Milany v. Udhayanidhi Stalin].
Justice G Arul Murugan dismissed the preliminary applications moved by Stalin seeking rejection of the election petition and the striking out of its pleadings. The Court directed him to file his written statement in response to the petition within four weeks, and clarified that the observations in its order were confined to deciding the preliminary applications.
The objection of limitation
Stalin sought rejection of the petition at the threshold and the striking out of its pleadings. His principal contention was that the challenge had been instituted beyond the 45-day period prescribed for filing an election petition. Justice Arul Murugan heard arguments on the applications and concluded them on October 22, 2026, before rejecting them on Friday.
The result and the petition
Stalin was declared elected on May 4, 2026. His nearest rival, D Selvam of the Tamilaga Vettri Kazhagam (TVK), secured 55,852 votes. Milany, who lost the seat, filed the election petition on June 18, 2026.
The petition raises allegations concerning Stalin’s nomination papers and the affidavit he filed with his nomination. These are allegations made in the petition, and they will now be examined at trial.
How the records reached the petitioner
Milany first approached the Election Commission for the election records. When that request was refused, he moved the High Court seeking certified copies of Stalin’s accepted nomination paper in Form 2B, the accompanying affidavit and the checklist of documents filed with the nomination. He also sought the rejected nomination papers, the objections raised during scrutiny and the Returning Officer’s decisions accepting nominations despite objections.
On June 8, 2026, a Division Bench directed that the records be supplied to him. The election petition was then filed on the basis of the records he received.
Why the order matters
Under the Representation of the People Act, 1951, an election petition can be filed only within 45 days of the declaration of the result, and a petition that fails to disclose a cause of action or is time-barred can be rejected at the threshold. By turning down Stalin’s preliminary applications, the High Court has allowed the petition to move to the stage of pleadings and trial rather than ending it on a preliminary objection.
The order is not a finding on the allegations about the nomination papers or the election affidavit. The Court has expressly confined its observations to the preliminary applications, and Stalin will now set out his defence in his written statement. Whether the allegations are proved, and with what consequence, remains to be decided at trial.
Case Title: P. Milany v. Udhayanidhi Stalin (Election Petition)
Bench: Justice G Arul Murugan, Madras High Court
Date of Order: November 13, 2026