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Madras High Court Says Ban on Using Children in Campaigns Is Binding

21 hours ago

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Madras High Court upheld the binding nature of ECI instructions against using children in election campaigns while hearing a Tamil Nadu election petition.

By News National Editorial Team

The Madras High Court has held that Election Commission of India instructions prohibiting political parties and candidates from using children for election campaigning are binding and carry statutory force.

The observation came during proceedings concerning an election petition challenging the victory of TVK legislator Vijayakumar, also known as Navalpattu S. Viji, from the Tiruverumbur Assembly constituency in the 2026 Tamil Nadu elections.

The petition was filed by former Tamil Nadu School Education Minister and DMK leader Anbil Mahesh Poyyamozhi, who challenged the election result and alleged violations of election-related instructions, including the prohibition on involving children in campaign activities.

Justice K. Kumaresh Babu was hearing an application filed by the TVK MLA seeking rejection of the election petition. The court dismissed the application, finding it without merit.

In its order, the court observed that instructions issued by the Election Commission under its statutory powers were binding on candidates. The judge also indicated that a violation could have a material effect on an election, depending on the evidence.

The MLA's counsel had argued that an alleged violation of the instructions should not automatically provide grounds to invalidate an election. The court, however, said the question of whether any alleged violation materially affected the result could only be decided after the full trial.

The court directed the MLA to file a counter-affidavit within four weeks. Both sides were also directed to submit their lists of witnesses within two weeks.

The order does not mean that the election result has already been set aside. The main election petition remains to be decided after the evidence and arguments are examined.

The issue has broader significance for political parties and candidates. Election campaigning often involves public meetings, rallies, roadshows and outreach programmes. The court's observation reinforces the need to follow Election Commission instructions designed to keep children away from political campaigning.

The final outcome of the election dispute will depend on the evidence presented during the trial and the court's assessment of whether the alleged violations affected the election.

Sources

- The New Indian Express, 8 November 2026: Madras HC ruling on children in election campaigns

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