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No. 127] CHENNAI, FRIDAY, FEBRUARY 25, 2022
Maasi 13, Pilava, Thiruvalluvar Aandu–2053
Part V—Section 4
Notifications by the Election Commission of India
NOTIFICATIONS BY THE ELECTION COMMISSION OF INDIA
Judgement of the High Court of Madras in Election Petition No.13 of 2021
No. SRO G-2/2022.
The following Notifi cation of the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001, dated 18th February, 2022 [29 Magha, 1943 (Saka)] is published:-
No.82/TN-LA/13/2021:- In pursuance of section 106 (b) of the Representation of the People Act, 1951 (43 of 1951), the Election Commission of India hereby publishes the Order dated 14.12.2021 of the High Court of Madras in Election Petition No. 13 of 2021.
[ 1 ]
DTP—V-4 Ex.(127)—1 2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)
TUESDAY, THE 14th DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN
Election Petition No.13 of 2021
ELP No.13 of 2021
Thiru.K.Raghul Gandhi, S/o. P. Krishnan, No.14, Central Excise Colony, Near Thendral Nagar, PN Pudur, Coimbatore – 641 041—Petitioner
Verses-
1. Mrs. Vanathi Srinivasan, W/o. Srinivasan, Sree Vatsa Shiva Apartment, 304, Fourth Floor, Dr. Rajendra Prasath Road, Tatabad, Coimbatore – 641 012.
2. The Returning Offi cer, 120 – Coimbatore South Assembly Constituency and Assistant Commissioner (Central Zone), Coimbatore Corporation, Coimbatore.
3. The District Collector, O/o. the District Collector, Coimbatore.
4. The Chief Electoral Offi cer, Public (Elections) Department, Secretariat, Fort St.George, Chennai – 600 009.
5. The Chief Election Commissioner of India, O/o. the Chief Election Commissioner of India, Nirvachan Sadan, Ashoka Road, New Delhi.— Respondents
The Election Petition praying that this Hon'ble Court be pleased to
(a) the victory of the 1st Respondent from 120 – Coimbatore South Assembly Constituency of Tamil Nadu Legislative Assembly be declared void and set 3
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
aside (b) the 1st Respondent to be declared to be disqualifi ed from contesting the elections (c) the votes to be re-counted as per the petition given by the Petitioner to the Returning Offi cer, the 2nd Respondent herein (d) allow the cost of this petition to the Petitioner.
The above Election Petition coming on this day before this court for hearing in the presence of Mr.U.Gokulakrishnan, Advocate for the Election Petitioner herein; and upon reading the Petition and affi davit of K. Raghul Gandhi fi led herein and this court is of the considered view that these vague allegations are not suffi cient to try the election petition and hence this court having found that no merit in the election petition and hence this petition is liable to be rejected and
It is ordered:-
That the Election Petition No.13 of 2021 be and is hereby dismissed.
WITNESS, THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 14TH DAY OF DECEMBER 2021.
SD./-
ASSISTANT REGISTRAR
Original Side-II
CERTIFIED TO BE TRUE COPY
DATED AT MADRAS THIS THE 21ST DAY OF JANUARY 2022
COURT OFFICER (O.S)
From 25th Day of September 2008 the Registry is issuing certifi ed copies of
the Orders/Judgements/Decrees in this format.
Pk-20/01/2022
ELP.No.13 of 2021
DECREE
DATED:14/12/2021
THE HON'BLE MR.JUSTICE
V. BHARATHIDASAN
FOR APPROVAL: 20/01/2022
APPROVED ON: 20/01/2022 4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Copy to:-
1. The Chief Electoral Offi cer,
Public (Elections) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)
TUESDAY, THE 14TH DAY OF DECEMBER 2021
THE HON'BLE MR.JUSTICE BHARATHIDASAN
ELECTION PETITION No.13 OF 2021
ELP No.13 OF 2021
Thiru.K.Raghul Gandhi,
S/o. P. Krishnan,
No.14, Central Excise Colony,
Near Thendarl Nagar,
PN Pudur,
Coimbatore – 641 041—Petitioner
Vs
1. Mrs. Vanathi Srinivasan,
W/o. Srinivasan,
Sree Vatsa Shiva Apartment,
304, Fourth Floor,
Dr. Rajendra Prasath Road,
Tatabad, Coimbatore – 641 012.
2. The Returning Offi cer,
120 – Coimbatore South Assembly Constituency and 5
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
4. The Chief Electoral Offi cer,
Public (Elections) Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
5. The Chief Election Commissioner of India,
O/o. the Chief Election Commissioner of India,
Nirvachan Sadan,
Ashoka Road,
New Delhi.— Respondents
The Election Petition praying that this Hon'ble Court be pleased to (a) the victory of the 1st Respondent from 120 – Coimbatore South Assembly Constituency of Tamil Nadu Legislative Assembly be declared void and set aside (b) the 1st Respondent to be declared to be disqualifi ed from contesting the elections (c) the votes to be re-counted as per the petition given by the Petitioner to the Returning Offi cer, the 2nd Respondent herein (d) allow the cost of this petition to the Petitioner.
The above Election Petition coming on this day before this court for hearing in the presence of Mr.U.Gokulakrishnan, Advocate for the Election Petitioner herein; and upon reading the Petition and affi davit of K. Raghul Gandhi fi led herein and the court made the following order:-
Challenging the election of the fi rst respondent in the 120 Coimbatore South Assembly Constituency, the petitioner, who claims to be a South Zone Leader in Hindustan Janta Party and contested in the election and lost, fi led the Election Petition.
2. The main allegations made in the election petition is that the returned candidate, namely, fi rst respondent, secured 53,209 votes and the second highest vote was 51,481/- and the fi rst respondent was declared as elected. According to the petitioner, so many Electronic Voting Machines (EVMs) were hacked and the votes polled in favour of the petitioner were converted in favour of the returned candidate. That apart, 629 postal votes have been rejected by the Returning Offi cer without any re-verifi cation. The Returning Offi cer also failed to secure the signature from the candidates counting agents after each round of counting the postal votes. Hence, the present petition.
3. The learned counsel would submit that, earlier the petitioner has contested as independent candidate in various local body election as well as the Assembly and Parliament election. In the election to the Coimbatore Municipal Corporation, he has secured more than 2000 votes and in Wayanad Lok Sabha election held in the year 2019, he secured 845 votes, in Singanallur Legislative Assembly election held in the year 2016, he had secured 332 votes. But, in the present election, he has secured only 73 votes and hence, he suspect some foul play in the election. The petitioner reliably understand that, many of the Electronic Voting Machines (EVMs) were hacked by the fi rst respondent and it materially affected the election. The learned counsel further submitted that while counting, the postal votes, nearly 629 postal votes have been rejected without re-verifi cation, which is also materially affected the election.
6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
4. This Court considered the submissions made by the learned counsel for the
petitioner and perused the materials available on records carefully.
5. The election petition is a serious matter and it cannot be treated lightly or in a fanciful manner and it cannot be used as a handle for vexatious purpose. The person who challenges the election in an election petition should plead and state all the material facts in the election petition for the purpose of formulating a complete cause of action, if any one of the material facts is omitted, the election petition is liable to be rejected. All the facts which are essential to cloth the petition with complete cause of action must be pleaded and failure to plead even a single material fact will violate the mandate of Section 83(1) (a) of the Representation of the People Act, 1951 and the election petition must be dismissed for want of cause of action. It is also well settled that a election petition can be summarily dismissed if it does not furnish the cause of action.
6. In the instant case, the election petition has been fi led with vague allegations without even disclosing the material facts which are essential to set aside the election. Vague allegations that Electronic Voting Machines (EVMs) have been hacked and postal ballots have been rejected without any details are not suffi cient to go for a trial.
7. That apart, the contention of the election petitioner that he has got less votes than the votes obtained in the previous election itself is not a ground to set aside the election. In the above circumstances, the petitioner miserably failed to state any material facts in the election petition and he does not furnish the cause of action to maintain the election petition.
8. In the above circumstances, this Court is of the considered view that these vague allegations are not suffi cient to try the election petition. Hence, this Court fi nd no merit in the election petition and hence this election petition is liable to be rejected in limine and accordingly this election petition is dismissed.
WITNESS, THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 14TH DAY OF DECEMBER 2021.
SD./-
ASSISTANT REGISTRAR Original Side-II
CERTIFIED TO BE TRUE COPY
DATED AT MADRAS THIS THE 21ST DAY OF JANUARY 2022
COURT OFFICER (O.S)
From 25th Day of September 2008 the Registry is issuing certifi ed copies of
the Orders/Judgements/Decrees in this format.
7
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Pk-20/01/2022
ELP.No.13 OF 2021
ORDER
DATED: 14/12/2021
THE HON'BLE MR.JUSTICE
V. BHARATHIDASAN
FOR APPROVAL: 20/01/2022
APPROVED ON: 20/01/2022
Copy to:-
1. The Chief Electoral Offi cer,
Public (Elections) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.
(By Order)
M(cid:3465)(cid:3476)(cid:3465)(cid:3489) M(cid:3465)(cid:3476)(cid:3476)(cid:3473)(cid:3467)(cid:3475), Principal Secretary, Election Commission of India.
Secretariat, SATYABRATA SAHOO, Chennai-600 009, Chief Electoral Offi cer and 25th February, 2022. Principal Secretary to Government,
Public (Elections) Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU