Irudayaraj moved the Court alleging that Vijay and persons associated with the ruling Tamilaga Vettri Kazhagam (TVK) party involved children in election campaign activities.
He relied upon a February 5, 2024 directive issued by the Election Commission of India (ECI) which prohibits political parties and candidates from using children in election-related activities.
The election petition said that the directive was issued under Article 324 of the Constitution and that its violation attracted Section 100(1)(d)(iv) of the Representation of the People Act, 1951 (ROPA).
Vijay, however, has argued that the petition failed to establish that the ECI directive was an order issued under the ROPA. He added that a violation of the Model Code of Conduct would not, by itself, constitute an independent ground to declare an election void under Section 100 of the Act.