A bench comprising Chief Justice S A Bobde and Justices B R Gavai and Surya Kant took note of the submissions of the DMK leader’s lawyer and stayed the proceedings before the Madras High Court.
Kanimozhi contested from the Thoothukudi constituency in 2019 and her election was challenged by a voter, A Sanathana Kumar, on the grounds that she failed to mention her husband’s Permanent Account Number (PAN) in her election affidavit disclosing family assets.
The Madras High Court had earlier rejected the plea of Kanimozhi seeking dismissal of two election petitions filed by the voter and a BJP leader separately challenging her election to the Lok Sabha.
The election petition should necessarily be taken to its logical end, it had said.
While dismissing Kanimozhi’s plea, the high court had said that the election petitioner must be given a chance to marshal evidence to prove his claim of improper acceptance of nomination.
The DMK leader had said her husband was an NRI living in Singapore and he neither possessed a PAN card nor does he pay any income tax in India.
Kanimozhi had defeated her nearest rival Tamilisai Soundararajan (now Governor of Telangana) of BJP.
Another plea challenging the election of Kanimozhi was filed by Soundararajan, who withdrew the plea after becoming Governor of Telangana.
A Muthuramalingam, a local BJP leader, has substituted Soundararajan as a party in the high court.