CHENNAI: The Election Commission of India‘s (ECI) instruction not to engage children in election campaigns is binding on the candidates as it has statutory force, the Madras high court has said.Justice K Kumaresh Babu made the observation on Thursday while hearing an election petition moved by DMK candidate Anbil Mahesh Poyyamozhi challenging the election of TVK MLA Vijayakumar alias Navalpattu Viji from Thiruverumbur assembly constituency in the 2026 election.“One of the grounds that had been raised is that instructions have been given not to engage children during the election campaign. It is to be noted that instructions given to a candidate in exercise of statutory powers under the Representation of the People Act are binding on the candidate, as it has a statutory force,” the court said.Material particulars of the violation committed by the candidate had been made and the veracity of such statement could be gone into only at the time of trial. When it is found that there had been a violation of instruction, this court is of the view that it may have a material effect on the election. Such a decision could be only taken after completion of the trial in the election petition, the court said while refusing to reject the election petition.The court directed the TVK MLA to file a counter-affidavit to the election petition within four weeks and directed both parties to submit the list of witnesses to be examined by them within two weeks.According to Viji, mere violation of instructions, as alleged, cannot be a ground because these instructions do not spell out the consequences of such violations and utmost, it could be an election offence.Opposing the same, Anbil Mahesh contended that the instructions which would arise out of powers under Article 324 of the Constitution and are issued by the ECI in exercise of statutory function are binding on the returning officer as also the candidates.
