Stalin has also sought directions to the Election Commission of India to conduct 100% counting of Voter Verifiable Paper Audit Trail (VVPAT) slips for the Constituency and to check and verify all 286 machines deployed in the constituency for the assembly elections.

It may be noted that on May 4, 2026, the results for the assembly elections were declared with TVK's VS Babu securing the highest number of votes in the Kolathur constituency and DMK's Stalin coming in the second position.

Stalin submitted that ECI had issued Administrative SOP and Technical SOP for post-counting checking and verification of burnt memory/microcontroller of EVM unit (Ballot Unit, Control Unit and VVPAT).

Stalin submitted that immediately after the declaration of results, on May 7^th, he had filed an application, along with the necessary fee, to check and verify burnt memory/microcontroller of 14 EVMs for any tampering or modification. He submitted that though the application was made at the beginning of May, the checking and verification was done only on July 29, after an inordinate delay. He submitted that out of the 14 EVMs, 2 EVMs stopped working immediately after it was taken up for checking. He submitted that the failure unequivocally calls for a technical diagnosis.

Stalin also submitted that with respect to another EVM, proper chain of custody was not followed as the address tags on the carrying cases of Ballot Units and Control Units were blank and unfilled, seals were affixed on the reverse side, among other issues. Stalin submitted that despite the lapses, the District Election Officer declared that the checking and verification process had been carried out successfully and as per prescribed procedures.

Stalin argued that the order casts a shadow upon the rule of law and the substantive fairness of the electoral process. It was submitted that the violations of statutory provisions governing the custody and identification of the units were left unaddressed and the verification process was termed as successful.

Stalin thus argued that the order was against law, arbitrary and was passed mechanically without any application of mind. It was submitted that the order was passed without any inquiry, investigation or even acknowledgement of the technical failure.

Stalin pointed out that one of the Control Units had failed to detect a Ballot Unit that bore his name, which raises a question on how many more such control units existed and how many such ballot units were uncounted.

Arguing that such failure strikes at the foundation of a free and fair election and the purpose for which the VVPAT machines were introduced, Stalin sought to set aside the District Election Officer's order. Stalin also sought a recount in the constituency and to declare VS Babu's victory as void.

Case Title: MK Stalin v Election Commission of India and Others

Case No: WP 34892 of 2026