Annamalai booked for campaigning past deadline in Coimbatore
contended. Stating that he had been set ex-parte lawfully, the television company urged the court not to set aside the 2022 order and also not to condone the delay.
However, observing that setting the YouTuber exparte would not give any advantage to the plaintiffs, the judge said he must be given an opportunity to defend himself in the suit and explain the circumstances under which he had made the allegedly defamatory statements for which damages had been sought. “No doubt, the defendant had been lax in filing the written statement and a delay had occurred but an opportunity must be given to the defendant to put forth his views on the entire issue raised by the plaintiffs,” the judge wrote, allowing the two applications.
Some sort of discord
Further, finding that the three plaintiffs, who had filed the suit jointly in 2020, appeared to have some sort of discord at present since they were represented by different counsel, the judge said it must also be seen whether all the plaintiffs still wanted to pursue the cause of action or not.
Taking a dig at them, the judge wrote: “There are three plaintiffs in the suit and they are represented by three different counsel. The first plaintiff alone has filed a counter and the other plaintiffs have adopted the said counter. Thankfully, they have unity in approach at least in this particular fact.”
He also said: “Considering the peculiar facts of this particular case where the plaintiffs themselves stand divided, I would set aside the ex-parte order and grant permission to the defendant to place his written statement on record which would naturally mean and indicate that the delay is condoned.”
‘Mosquito bite’
When the YouTuber’s counsel urged the court to spare his client from the requirement of paying costs, the judge rejected his plea and insisted that some minimum amount be paid. “There must be at least a mosquito bite. After all, the court also has its sanctity,” the judge said.
The Coimbatore police on Friday registered a case against K. Annamalai, BJP Tamil Nadu president and Coimbatore Lok Sabha constituency candidate, on the charge of campaigning beyond the permitted time on Thursday.
A senior officer of the city police said that the case was registered against Mr. Annamalai, BJP Coimbatore president Ramesh Kumar, and district treasurer Senthil Kumar over the campaign held at Avarampalayam after 10 p.m.
The Peelamedu police registered the case on a complaint from an election official.
When Mr. Annamalai and NDA workers canvassed votes after 10 p.m., members of the INDIA bloc demanded action against them. This led to a clash, in which NDA workers allegedly assaulted INDIA bloc supporters, leaving a few of them injured. The police had a tough time getting the crowd to disperse. One of those injured was rushed to a hospital.
The DMK alleged a violation of the model code of conduct by Mr. Annamalai.
The party and its allies questioned the police for permitting the campaign after 10 p.m. “A group of henchmen, brought by the BJP from outside Coimbatore, attacked our workers,” DMK Coimbatore Urban district secretary N. Karthik alleged. Returning Officer Kranthi Kumar Pati told The Hindu that the Assistant Returning Officer had said that the flying squad had been served a showcause notice for having failed to act quickly.