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DTP—V-4 Ex.(127)—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 127]

CHENNAI, FRIDAY, FEBRUARY 25, 2022

Maasi 13, Pilava, Thiruvalluvar Aandu–2053

Part V—Section 4

Notiﬁ cations by the Election Commission of India

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price : Rs. 3.20 Paise.

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.

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

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

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

1. Mrs. Vanathi Srinivasan,

W/o. Srinivasan,

Sree Vatsa Shiva Apartment,

304, Fourth Floor,

Dr. Rajendra Prasath Road,

Tatabad, Coimbatore – 641 012.

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.

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 aﬀ ected 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

aﬀ ected the election.

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.

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)

Mඉඔඉඡ Mඉඔඔඑඋඓ,

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