[ 1 ]
Ex.(245)—1
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
CHENNAI, TUESDAY, APRIL 26, 2022
Chithirai 13, Subakiruthu, Thiruvalluvar Aandu–2053
Part V—Section 4
otifi cations by the Election Commission of India
NOTIFICATIONS BY THE ELECTION COMMISSION OF INDIA
ent of the High Court of Madras in Election Petition No.07 of 2021
G-3/2022.
ollowing Notifi cation of the Election Commission of India, Nirvachan Sadan,
oad, New Delhi-110 001, dated 06th April, 2022 [16 Chetra, 1945 (Saka)]
ed:-
2/TN-LA/(EP 7 of 2021)/2022:- In pursuance of section 106 (b) of the
ation of the People Act, 1951 (43 of 1951), the Election Commission
ereby publishes the Order of the Hon’ble High Court of Madras dated
2 in Election Petition No. 7 of 2021.
THE HON’BLE MR.JUSTICE V.BHARATHIDASAN
Election Petition No.7 of 2021
& Election Petition (Filing) No. 54183 of 2021
And
O.A.Nos. 553, 679, 680 of 2021 & 38 of 2022
No.7 of 2021 & ELP (Filing) No. 54183 of 2021
OA.No. 553 OF 2021
Ravi,
Lakshmipathy,
/11, Venkataraman Street,
nai - 600 001.
...Petitioner
-Vs-
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi - 110 001
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai - 600 009.
Returning Offi cer,
No-19, Chepauk Thiruvellikeni Assembly Constituency,
Chennai.
Udhayanithi Stalin. S, S/o. M.K.Stalin,
No.25/9, Chitaranjan Road,
Cenetoph 2nd Street,
Chennai - 600 018.
Raghu. C,
S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
Rajendran. L,
S/o.Lakshmanan,
No.10, Samipandaram Street,
Chintadripet, Chennai - 600 002.
Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
Tabrez,
S/o.Abbas Baksh,
No.l4B, Buddi begum Street,
Gopalapuram, Chennai - 600 086.
Mohammed Idris.K,
S/o. Kadar Mohideen,
No.1, A5, Block A, Ilnd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
Mohamed Rioz,
S/o. Mohammed Rafi ,
No. 1-1-374, Ward 1, Rasi Nagar,
Maramangalathupatti, Salem- 636 030.
Jayasimmaraja.S.M, S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
Anandan. K,
S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
Krishnadasan.S,
S/o.Sankaran Kutty,
No. 17, Vasantham Nagar,
Moolachatram,
Madhavaram Milk Depot,
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. IE, New Balakrishnan Street,
Chindadiripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar. H,
S/o.Harikrishanan,
No.113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
DilIiraj.P,
S/o. Paneerselvam,
No. 122, Peyandiamman Koil Street,
Mylapore, Chennai - 600 004.
Nagarajan,
S/o. Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
Madanagopal .T,
S/o. Thiyagarajan,
No.9/17, Manickam Street,
Choolai, Chennai - 600 112.
Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
Muniyandi, S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
Ravi.E,
S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
Chennai - 600 005.
of 2021 & ELP (Filing) No.54183 of 2021
Election Petition praying that this Hon’ble Court be pleased to (a) Declare
tance of Nomination of the 4th Respondent namely S.Udhayanithi Stalin
19-Chepauk-Thiruvallikeni Assembly Constituency is not accordance with
legal and the result declared is null and void, and (b) Declare that the
eld in No.19-Chepauk-Thiruvallikeni Assembly Constituency is of undue
and not free and fair election.
3 OF 2021
Original Application praying that this Hon’ble Court be pleased to grant
withdraw the Election Petition, fi ling No.54183 of 2021 under Section 109
presentation of People Act, 1951.
79 OF 2021 & 680 OF 2021
.
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi- 110 001.
.
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai - 600 009.
...Respondents
-Vs-
M.L.Ravi,
S/o. Lakshmipathy,
No.21/11, Venkataraman Street,
Chennai - 600 001.
... 1st Respondent /Petitioner
Udhayanithi Stalin. S,
S/o. M.K.Stalin,
No.25/9, Chitaranjan Road,
Cenetoph 2nd Street,
Chennai - 600 018.
Raghu. C,
S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
Abid Bakshq H Hussain,
S/o.Bakshi Ali,
No. 1, Syed Noor Street,
Anna Salai, Chennai - 600 002.
Rajendran. L,
S/o.Lakshmanan,
No. 10, Samipandaram Street,
Chintadripet, Chennai - 600 002.
Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
Tabrez,
S/o.Abbas Baksh,
No.14B, Buddi Begum Street,
Gopalapuram, Chennai - 600 086.
Mohammed Idris.K,
S/o. Kadar Mohideen,
No.l, A5, Block A, IInd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
Jayasimmaraja.S.M,
S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
Anandan. K,
S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
Ganesan. P,
S/o.Ponnusamy,
No.41, First Street,
Sathyavathi Nagar,
Padi, Chennai - 600 050.
Krishnadasan.S,
S/o. Sankaran Kutty,
No. 17, Vasantham Nagar,
Moolachatram,
Madhavaram Milk Depot,
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. IE, New Balakrishnan Street,
Chindadripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar.H,
S/o. Harikrishanan,
No.113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
Nagarajan,
S/o.Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
Manikandan.E,
S/o.Elankali,
No. 14/24, Arunachalapuram Main Road,
Adyar, Chennai - 600 020.
Madanagopal .T,
S/o. Thiyagarajan,
No.9/17, Manickam Street,
Choolai, Chennai - 600 112.
Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
Muniyandi,
S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
Ravi.E,
S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
Chennai - 600 005.
... 2nd to 26th Respondents/
4th to 28th Respondents
80 OF 2021
Ori ginal Ap plicat ion pra ying that this Hon’b le Court
ed to permit the Applicants herein/1st to 3rd Respondents to
the Electronic Voting Machines used for the elections in
epauk-Thiruvellikeni Assembly Constituency, Tamil Nadu, challenged in the
ction Petition No.7 of 2021 for use by the Election Commission of India.
8 OF 2022:-
ayanithi Stalin.S,
M.K.Stalin,
25/9,Chitranjan Road,
etoph 2nd Street,
nnai – 600 018.
…Applicant/4th Respondent
-VS-
M.L.Ravi,
S/o. Lakshmipathy,
No.21/11, Venkataraman Street,
Chennai - 600 001. ...1st Respondent/Petitioner
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi – 110 001.
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
Returning Offi cer,
No-19, Chepauk Thiruvellikeni Assembly Constituency,
Chennai.
Raghu. C, S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
7. Rajendran. L,
S/o .Lakshmanan,
No. 10, Samipandaram Street,
Chintadripet, Chennai - 600 002.
8. Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
9. Tabrez,
S/o.Abbas Baksh,
No.14B, Buddi Begum Street,
Gopalapuram, Chennai - 600 086.
0. Mohammed Idris.K,
S/o. Kadar Mohideen,
No.1, A5, Block A, IInd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
1. Mohamed Rioz,
S/o. Mohammed Rafi ,
No. 1-1-374, Ward 1, Rasi Nagar,
Maramangalathupatti, Salem- 636 030.
12. Jayasimmaraja.S.M,
S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
3. Anandan. K, S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
4. Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
Krishnadasan.S,
S/o.Sankaran Kutty,
No. 17, Vasantham Nagar,
Moolachatram,
Madhavaram Milk Depot,
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. 1E, New Balakrishnan Street,
Chindadripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar. H,
S/o.Harikrishanan,
No.113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
. DilIiraj.P,
S/o. Paneerselvam,
No. 122, Peyandiamman Koil Street,
Mylapore, Chennai - 600 004.
Nagarajan,
S/o. Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
. Madanagopal .T,
S/o .Thiyagarajan,
No.9/17, Manickam Street,
Choolai, Chennai - 600 112.
. Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
. Muniyandi, S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
. Ravi.E, S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
...Respondents/
Chennai - 600 005.
Respondents 1 to 3, 5 to 28
OF 2022:-
riginal Application praying that this Hon’ble Court be pleased to reject
7 of 2021.
bove Election Petitions and Original Applications having been
5/02/2022 in the presence of Mr.T.Sivagnanasambandan, advocate for the
etitioner and for the 1st Respondent in O.A.Nos.679 & 680 of 2021 and
of 2022, and Mr.N.R.Elango, Senior Counsel for Mr.A.S.Aswin Prasanna,
for the Applicant in OA.No.38 of 2022 and for the 4th Respondent in
3 of 2021 and the Election Petitions, and for the 2nd Respondent in
79 & 680 of 2021; and Mr. Niranjan Rajagopalan for M/s.G.R. Associates
for the Applicants in OA.Nos.679 & 680 of 2021 and for the Respondents
Election Petitions and for the Respondents 2 to 4 in O.A.No.38 of 2022;
reading the Petitions, Affi davit, Judge’s Summon, Affi davit of M.L.Ravi
LP.No.7 of 2021 & ELP.(Filing) No.54183 of 2021 and O.A.No.553 of
ge’s Summons, Affi davits of V.Sridhar fi led in O.A.Nos.679 & 680 of
ge’s Summon, Affi davit of Udhayanithi Stalin fi led in O.A.No.38 of 2022
ter Affi davit fi led in ELP.No.7 of 2021 and this court having stood over
eration till this day and coming on this day before this court for orders in
nce of the above said advocates and this court having observed that for
iance of provisions of Section 117 of the RP Act and Rule 8 of the Rules
High Court Election Petitions, 1967, ELP (Filing) No.54183 of 2021, is
to be rejected in limine, and therefore, petitioner cannot be permitted to
red as follows:-
t the Election Petition (Filing) No.54183 of 2021 and Original Application
2021 be and are hereby dismissed.
t the Election Petition No.7 of 2021 be and is hereby rejected.
t the *Original Application No.679 of 2021* in ELP.No.7 of 2021 be and
by closed.
at the Election Commission of India be and is hereby permitted to
he EVMs used in the said Election. *
That both parties be and are hereby directed to bear their respective costs.
portion amended as per order of this Hon’ble Court dated 10/03/2022
O.A.No.680 of 2021 in ELP.No.7 of 2021.*
SD./-
ASSISTANT REGISTRAR
Original Side – II
ESS, THE HON’BLE MR.JUSTICE MUNISHWAR NATH BHANDARI,
STICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 25TH DAY
UARY 2022.
SD./-
ASSISTANT REGISTRAR
Original Side – II
//Certifi ed to be true copy//
Dated at Madras this the 16th day of March 2022.
COURT OFFICER (O.S.)
rom 25th Day of September 2008 the Registry is issuing certifi ed copies
f the Orders/Judgments/Decrees in this format.
ORDER
DATED: 25.02.2022
AMENDED DECREE
DATED : 10.03.2022
THE HON’BLE MR. JUSTICE
V. BHARATHIDASAN
FOR APPROVAL: 08/03/2022
APPROVED ON: 08/03/2022
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.
3. The Returning Offi cer,
No. 19, Chepauk-Thirvellikeni
Assembly Constituency, Chennai.
Election Petition No.7 of 2021
& Election Petition (Filing) No. 54183 of 2021
and
O.A.Nos. 553, 679, 680 of 2021 & 38 of 2022
of 2021 & ELP (Filing) No. 54183 of 2021
553 OF 2021
avi,
kshmipathy,
11, Venkataraman Street,
ai - 600 001.
...Petitioner
-Vs-
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi - 110 001
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai - 600 009.
Returning Offi cer,
No-19, Chepauk Thiruvellikeni Assembly Constituency,
Chennai.
Udhayanithi Stalin. S, S/o. M.K.Stalin,
No.25/9, Chitaranjan Road,
Cenetoph 2nd Street,
Chennai - 600 018.
Raghu. C,
S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
Rajendran. L,
S/o.Lakshmanan,
No.10, Samipandaram Street,
Chintadripet, Chennai - 600 002.
Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
Tabrez,
S/o.Abbas Baksh,
N0.14B, Buddi begum Street,
Gopalapuram, Chennai - 600 086.
Mohammed Idris.K,
S/o. Kadar Mohideen,
No.l, A5, Block A, Ilnd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
Mohamed Rioz,
S/o. Mohammed Rafi ,
No. 1-1-374, Ward 1, Rasi Nagar,
Maramangalathupatti, Salem- 636 030.
Jayasimmaraja.S.M, S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
Anandan. K,
S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
Krishnadasan.S,
S/o.Sankaran Kutty,
No. 17, Vasantham Nagar,
Moolachatram,
Madhavaram Milk Depot,
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. IE, New Balakrishnan Street,
Chindadiripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar. H,
S/o.Harikrishanan,
No. 113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
DilIiraj.P,
S/o. Paneerselvam,
No. 122, Peyandiamman Koil Street,
Mylapore, Chennai - 600 004.
Nagarajan,
S/o. Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
Madanagopal .T,
S/o. Thiyagarajan,
No.9/17, Manickam Street,
Choolai, Chennai - 600 112.
Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
Muniyandi,
S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
Ravi.E,
S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
Chennai - 600 005.
Respondents/
of 2021 & ELP (Filing) No.54183 of 2021
ection Petition praying that this Hon’ble Court be pleased to (a) Declare
tance of Nomination of the 4th Respondent namely S.Udhayanithi Stalin
19-Chepauk-Thiruvallikeni Assembly Constituency is not accordance with
legal and the result declared is null and void, and (b) Declare that the
eld in No.l9-Chepauk- Thiruvallikeni Assembly Constituency is of undue
and not free and fair election.
3 OF 2021
Original Application praying that this Hon’ble Court be pleased to grant
withdraw the Election Petition, fi ling No.54183 of 2021 under Section 109
presentation of People Act, 1951.
79 OF 2021 & 680 OF 2021
.
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi- 110 001.
.
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai - 600 009.
-Vs-
M.L.Ravi,
S/o. Lakshmipathy,
No.21/11, Venkataraman Street,
Chennai - 600 001.
... 1st Respondent /Petitioner
Udhayanithi Stalin. S,
S/o. M.K.Stalin,
No.25/9, Chitaranjan Road,
Cenetoph 2nd Street,
Chennai - 600 018.
Raghu. C,
S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
Abid Bakshq H Hussain,
S/o.Bakshi Ali,
No.1, Syed Noor Street,
Anna Salai, Chennai - 600 002.
Rajendran. L,
S/o.Lakshmanan,
No. 10, Samipandaram Street,
Chintadripet, Chennai - 600 002.
Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
Tabrez,
S/o.Abbas Baksh,
No.l4B, Buddi Begum Street,
Gopalapuram, Chennai - 600 086.
Mohammed Idris.K,
S/o. Kadar Mohideen,
No.1, A5, Block A, IInd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
Maramangalathupatti, Salem 636 030.
Jayasimmaraja.S.M,
S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
Anandan. K,
S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
Ganesan. P,
S/o.Ponnusamy,
No.41, First Street,
Sathyavathi Nagar,
Padi, Chennai - 600 050.
Krishnadasan.S,
S/o. Sankaran Kutty,
No. 17, Vasantham Nagar,
Moolachatram,
Madhavaram Milk Depot,
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. IE, New Balakrishnan Street,
Chindadiripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar.H,
S/o. Harikrishanan,
No.113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
Nagarajan,
S/o.Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
Manikandan.E,
S/o.Elankali,
No. 14/24, Arunachalapuram Main Road,
Adyar, Chennai - 600 020.
Madanagopal .T,
S/o. Thiyagarajan,
No.9/17, Manickam Street,
Choolai, Chennai - 600 112.
Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
Muniyandi,
S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
Ravi.E,
S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
Chennai - 600 005.
... 2nd to 26th Respondents/
4th to 28th Respondents
80 OF 2021:-
Original Application praying that this Hon’ble Court be pleased to permit the
herein/1st to 3rd Respondents to release the Electronic Voting Machines
the elections in No.l9-Chepauk-Thiruvellikeni Assembly Constituency,
u, challenged in the above Election Petition No.7 of 2021 for use by the
ommission of India.
8 OF 2022:-
ayanithiStalin.S,
M.K.Stalin,
25/9,Chitaranjan Road,
etoph 2nd Street,
nnai – 600 018.
…Applicant/4th Respondent
-VS-
M.L.Ravi,
S/o. Lakshmipathy,
No.21/11, Venkataraman Street,
Chennai - 600 001. ...1st Respondent/Petitioner
The Election Commission of India,
Nirvachan Sadan,
No.1, Ashoka Road,
New Delhi – 110 001.
The Chief Electoral Offi cer of Tamil Nadu,
Public (Elections) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
Returning Offi cer,
No-19, Chepauk Thiruvellikeni Assembly Constituency,
Chennai.
Raghu. C, S/o. Chinathambi,
No.45/53, Vannara Street,
Chennai - 600 002.
Abid Bakshq H Hussain,
S/o.Bakshi Ali,
No.1, Syed Noor Street,
Anna Salai, Chennai - 600 002.
Kassali. A.V.A,
S/o.Abdul Gani,
4/17, Muslim New Street,
Seydunganallur, Srivaigundam Taluk,
Thoothukudi - 628 809.
Tabrez,
S/o.Abbas Baksh,
No.14B, Buddi begum Street,
Gopalapuram, Chennai - 600 086.
.
Mohammed Idris.K,
S/o. Kadar Mohideen,
No.1, A5, Block A, IInd fl oor Roohis Anja,
Panchayat Main Road, 1st Cross Street,
Perungudi, Chennai - 600 096.
Mohamed Rioz,
S/o. Mohammed Rafi ,
No. 1-1-374, Ward 1, Rasi Nagar,
Maramangalathupatti, Salem- 636 030.
. Jayasimmaraja.S.M,
S/o. Muthumani,
No.C-1, Llyods Colony,
Royapettah, Chennai - 600 014.
. Anandan. K, S/o. Kannan,
No.5/2, Subramaniya Mudali Street,
Saidapet, Chennai - 600 015.
. Kannan. C,
S/o.Chitravel,
No. 13, Gopalakrishnan Street,
Tiruvalluvar Nagar,
Adambakkam, Chennai - 600 088.
.
Ganesan. P,
S/o.Ponnusamy,
No.41, First Street,
Sathyavathi Nagar,
Padi, Chennai - 600 050.
Chennai - 600 051.
Chandranathan. S,
S/o.Sugumaran,
No. 1E, New Balakrishnan Street,
Chindadiripet, Chennai - 600 002.
Srinivasan,
S/o.Kuppusamy,
No. 8/22, Anna Street,
Nehru Nagar, Velacherry,
Chennai - 600 042.
Senthil Kumar. H,
S/o.Harikrishanan,
No. 113, Ellaiyamman Koil Street,
Vannanthurai, Chennai - 600 020.
. DilIiraj. P,
S/o. Paneerselvam,
No. 122, Peyandiamman Koil Street,
Mylapore, Chennai - 600 004.
Nagarajan,
S/o. Balakrishnan,
No.946, 3rd Street,
Brindavan Nagar, KTC Nagar,
Palayamkottai, Tirunelveli - 627 011.
Balaji.K,
S/o. Karunakaran,
No.42/1, Anna Street,
Thiruvanmiyur, Chennai-600 041.
Balaji.C,
S/o.Chalika Masthan,
No.54, Swathantra Nagar,
2nd Street, Lloyds Road,
Chennai - 600 005.
Manikandan.E,
S/o.Elankali,
No. 14/24, Arunachalapuram Main Road,
Adyar, Chennai - 600 020.
. Mohammed Hussain,
S/o. Nizam Basha,
No.2, Munusamy Nagar,
Triplicane, Chennai - 600 005.
. Muniyandi, S/o. Subramanian,
No. 15, 12th Street, Abiramai Avenue,
Kaviarasu Kannadasan Nagar, Chennai - 600 118
. Ravi.E, S/o.Ettiyan,
No. 19/37, Ratnakutli Apartments,
T.P.Koil Street, Triplicane,
...Respondents
Chennai - 600 005.
Respondents 1 to 3, 5 to 28
OF 2022:-
Original Application praying that this Hon’ble Court be pleased to reject
7 of 2021.
above Election Petitions and Original Applications having been heard on
2 in the presence of Mr.T.Sivagnanasambandan, advocate for the Election
and for the 1st Respondent in O.A.Nos.679 & 680 of 2021 and OA.No.38
nd Mr.N.R.Elango, Senior Counsel for Mr.A.S.Aswin Prasanna, Advocate
plicant in OA.No.38 of 2022 and for the 4th Respondent in O.A.No.553
nd the Election Petitions, and for the 2nd Respondent in O.A.Nos.679 &
21; and Mr.Niranjan Rajagopalan for M/s.G.R.Associates advocate for the
in OA.Nos.679 & 680 of 2021 and for the Respondents 1 to 3 in Election
and for the Respondents 2 to 4 in O.A.No.38 of 2022; and upon reading
ns, Affi davit, Judge’s Summon, Affi davit of M.L.Ravi fi led in ELP.No.7 of
LP.(Filing) No.54183 of 2021 and O.A.No.553 of 2021, Judge’s Summons,
of V.Sridhar fi led in O.A.Nos.679 & 680 of 2021, Judge’s Summon, Affi davit
nithi Stalin fi led in O.A.No.38 of 2022 and Counter Affi davit fi led in ELP.
021 and this court having stood over for consideration till this day and
this day before this court for orders in the presence of the above said
and
made the following order:-
nally, M.L.Ravi, petitioner in both the Elections Petitions, has fi led a
etition in E.L.P. (Filing) No.54183 of 2021, however, without depositing a
pees two thousand as security for the cost of the Petition as mandated
ction 117 of The Representation of People Act, 1951 r/w Rule 8 of the
Madras High Court Election Petitions, 1967. Pending that petition in ELP
o.54183 of 2021, the very same petitioner fi led another Election Petition
plying with all mandatory requirements, which has been numbered as
uence and not free and fair election.
r the convenience of the disposal of these matters, the parties in all the
itions will be referred as per their array in the Election Petitions.
e facts leading to the fi ling of the petitions challenging the elections in
as under: -
i) The petitioner belongs to one Desiya Makkal Sakthi Katchi, a registered
rty. He was nominated from the party to contest the Tamil Nadu Legislative
Constituencies Election, 2021, from Chepauk - Tiruvallikeni Constituency,
th respondent was nominated from Dravida Munnetra Kazagam (DMK). The
votes was held on 06.04.2021. The results of the election were declared
2021 and the 4th respondent was declared as returned candidate from
ituency.
ii) The election of the 4th respondent has been challenged inter alia alleging
e affi davit in Form 26, fi led along with the nomination, the 4th respondent
false, incorrect and improper particulars. Under Column No.5 (ii) of the
ough the petitioner has stated as if his criminal case details are furnished
re-I (containing 5 pages), in the same affi davit at subsequent columns for
e details, the petitioner stated as “Nil”, which is a contradictory statement.
22 criminal cases are pending against the petitioner under diff erent penal
Despite objections made by the petitioner in this regard at the time of
of nominations, the Returning Offi cer, accepted the nomination of the
ndent. Thereafter, the polling was conduct and the 4th respondent was
as returned candidate. Hence, the petitions challenging the election of the
ndent seeking for the above said declaratory reliefs have been fi led.
iii) In the fi rst Election Petition in E.L.P.(Filling)No.54183 of 2021, the
failed to deposit in cash a sum of rupees two thousand towards security
ts of the petition, as mandated under Section 117 of the Representation of
t, 1951 r/w Rule 8 of Rules of The Madras High Court Election Petitions,
ore fi ling the petition challenging the election and the petition was not
before the II Assistant Registrar, Original Side, High Court as required under
the Rules of The Madras High Court Election Petitions, 1967. Therefore,
n was ordered to be listed before the court for “maintainability”. In the
e, the petitioner fi led another Election petition on the very same grounds
he earlier petition and for the similar relief, however, duly complying with
atory provisions. This petition has been numbered as E.L.P.No.7 of 2021
before this court for admission. Accordingly, this ELP was listed for hearing
the ELP (Filing) No.54183 of 2021.
(iv) Subsequently, the petitioner has fi led an application in OA No.553
eeking leave to withdraw the Election Petition (Filing) No.54183 of 2021.
, the respondents 1 to 3 in the ELP have fi led two separate applications
of 2021. Now all the above petitions are taken up for hearing, however,
ke of convenience of disposal of these matters, let this court take up the
etition (Filing) no.54183 of 2021, fi rst.
g) No.54183 of 2021:
is petition has been listed for hearing to decide the maintainability of the
n the ground that the petitioner did not pay the security for the cost of the
der Section 117 of the Representation of People Act, 1951 and Rule 8 of
of Madras High Court Election Petitions, 1967, and the petition was not
as per Rule 7, of the Rules of Madras High Court Election Petitions, 1967.
fore considering the legal issue involved in this matter, it would be useful
the various provisions of The Representation of People Act, 1951 (in
RP Act”) relevant to this issue.
b-section (1) of Section 117 of the RP Act, requires that, at the time of
the election petition, the petitioner shall deposit in the High Court a sum
usand rupees as security for the costs of the petition. Section 117 of the
extracted hereunder:-
“117. Security for costs.—(1) At the time
of presenting an election petition, the petitioner shall
deposit in the High Court in accordance with the rules
of the High Court a sum of two thousand rupees as
security for the costs of the petition. (2) During the
course of the trial of an election petition, the High Court
may, at any time, call upon the petitioner to give such
further security for costs as it may direct.”
ction 86 of the RP Act, deals with trial of election petitions. The relevant
extracted hereunder:-
“86. Trial of election petitions.- The High Court
shall dismiss an election petition which does not comply
with the provisions of section 81 or section 82 or section
117.
Explanation.- An order of the High Court
dismissing an election petition under this sub-section
shall be deemed to be an order made under clause (a)
of Section 98”.
der the above provisions, if the election petition does not comply with the
of Section 81 or 82 or 117 of the RP Act, the High Court shall dismiss
on petition at its threshold. As per the explanation to sub-section (1) of
etitions which is extracted hereunder:-
“98. Decision of the High Court.—
At the conclusion of the trial of an election petition the High Court shall
ake an order —
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to
void; or
(c) declaring the election of all or any of the returned candidates to be
d and the petitioner or any other candidate to have been duly elected.”
s per Section 98 of the RP Act, at the conclusion of the trial of an election
e High Court shall make an order either dismissing the election petition or
he election of all or any of the returned candidates to be void or declaring
n of all or any of the returned candidates to be void and the petitioner or
candidate to have been duly elected. In eff ect, if an election petition is
under sub-section (1) of Section 86 of the RP Act, it shall have the eff ect
al of the election petition after the conclusion of trial and the order is fi nal.
r.N.R.Elango, the learned senior counsel appearing for the 4th respondent
mit that under sub-section (1) of Section 86 of the RP Act, election petition
ng No.54183 of 2021 is liable to be rejected in limine for non compliance
ndatory provisions contained in Section 117 of the RP Act and Rule 8
es of Madras High Court Election Petitions, 1967, and in the event of
g passed by this court dismissing the ELP Filing 54183 of 2021, it shall
d to be an order passed under clause (a) of Section 98 of the RP Act.
words, the earlier petition in ELP (Filing) No.54183 of 2021, reached its
d as such second petition on the very same cause of action is barred by
les of res judicata under Section 11 of CPC and the same is thus liable
cted under Order VII, Rule 11 of CPC.
Mr.T.Sivagnanasambandan, the learned counsel appearing for the Election
would on the other hand contend that due to COVID19 pandemic, the entry
and the Advocates ’ into the High Court premises was strictly prohibited
vant point of time, and the petitioner was not in a position to deposit cash
two thousand as contemplated under Section Rule 8 of Rules of Madras
t Election Petitions, 1967, and non compliance of mandatory requirement
of cash was not willful nor wanton, but due to the bona fi de reasons.
rcumstances, the petitioner fi led another Election petition challenging the
nd also fi led an application seeking permission to withdraw the earlier
ed ELP.
have considered the rival submissions and also perused the available
carefully.
he Honourable Supreme Court in Charan Lal Sahu [(1973) 2 SCC 530]
y held that in the event of election petition does not comply with the
of Section 117 of the RP Act, the court has no option except to reject the
etition. The relevant portions of the judgment are extracted hereunder:-
“5. The argument of the appellant’s advocate
that in view of the marginal note to Section 86 election
petition can only be dismissed after the trial has
commenced by the issue of a notice to the respondent
is equally without sub-stance. Amended Section 86
apart from sub- section (1) provides for several matters
in sub sections (2) to (7) such as for reference of the
election petition or election petitions, where there is
more than one in respect of the same election, to a
Judge, the ordering of security for costs in case of
the application by a candidate who is not already a
respondent being made a respondent, the permission
to amend or amplify particulars of any corrupt practice
alleged in the petition, the continuance of the trial of the
election petition from day to day and its expeditious trial
to be concluded as far as possible within six months
from the presentation of the petition to the High Court.
The reference to trial is in. a larger sense and deals
with the steps in a trial, rather than in a narrower sense
of a trial commencing after the notice of the petition
is directed, to be served on the respondent. The
marginal note of Section 86, namely, “Trial of Election
Petitions” does not indicate that under sub-section (1)
of Section 86 an election petition cannot be dismissed
for non- compliance with the provisions set out therein,
unless notice is issued to the respondent. Where the
language is clear and can admit of no other meaning
such as is evident from sub-section (1) of Section 86,
the marginal note cannot be read to control that power.
6. We are clearly of the view that the non-
deposit of the security along with election petition as
required under Section 117 of the Act leaves no option
to the court but to reject it. The appeal is accordingly
dismissed with costs.”
in person before us that Sections 86 and 117 of the
Representation of the People Act, 1951 are ultra
vires Article 329(b) of the Constitution and, therefore,
the High Court was in error in dismissing the election
petition for the reason that the provisions of Section
117 were not complied with. We see no substance
in this contention. Article 329(b) of the Constitution
provides, insofar as material, that no election to either
House of Parliament shall be called in question except
by an election petition “presented to such authority
and in such manner as may be provided for by or
under any law made by the appropriate legislature It
is in pursuance of this provision that the Parliament
provided by Section 117 of the Act that at the time of
presenting an election petition, the petitioner shall
deposit in the High Court, in accordance with the
rules of the High Court, a sum of Rs 2000 as
security for the costs of the respondent. We are
unable to accept the petitioner’s argument that the
words “in such manner” which occur in Article
329(b) are limited, in their operation to procedural
and not substantive requirements. The Constitution,
by the aforesaid clause, has conferred authority on
the appropriate legislature to pass a law providing
for the authority to which the election petition may
be presented and the manner of providing it. The
provision of law which prescribes that an election
petition shall be accompanied by the payment of
security amount pertains to the area covered by the
manner of the making of the election petition and is,
therefore, within the authority of the Parliament.
3. The only question which survives is as
to what is the consequence of non-compliance with
Section 117 of the Act. That question has been settled
by the decision of this Court in Charan Lal Sahu v.
Nandkishore Bhatt [(1973) 2 SCC 530 : AIR 1973 SC
2464 : (1974) 1 SCR 294] wherein it was held that
the High Court has no option but to reject an election
petition which is not accompanied by the payment of
security amount as provided in Section 117 of the Act.
Section 86(1) of the Act provides that the High Court
shall dismiss an election petition which does not comply
Court has held that the requirement regarding the making of a security
Rs 2000 in the High Court is mandatory, the non-compliance of which
il dismissal in limine of the election petition under sub-section (1) of
6 of the Act. The Honourable Supreme Court has, however, held that the
eposit of the security amount is directory. Similar view has been taken in
orpade v. Shivaji Rao M. Poal, (2002) 7 SCC 289.
Coming to the case in hand, Rule 8 of the Rules of Madras High Court
etitions, 1967, mandates that an election petitioner before presenting his
etition shall deposit in the High Court in cash a sum of two thousand
wards security for the costs as provided under Section 117 of the RP
shall produce the receipt of the same to the Registrar at the time of
on of the petition. Though the requirement under Section 117 of the RP
ding making of a deposit of cash towards security is mandatory, the
eposit in the High Court in accordance with the rules of the High Court
y, as held by the Honourable Supreme Court in M. Karunanidhi v.
de, (1983) 2 SCC 473. Admittedly, the petitioner did not pay the security
r the cost as mandated under sub-section (1) of Section 117 of the RP
ule 8 of the Rules of Madras High Court Election Petitions, 1967 nor by
mode. In such circumstances, Court has no other option than dismissing
on petition, and it is liable only to be rejected in limine for non compliance
ndatory requirements. So far as the submission of the learned counsel for
regarding the reasons for non payment, it is to be noted that, within a
one week after the presentation of the this Election Petition, the petitioner
her Election Petition duly complying with all the mandatory requirements
s numbered accordingly. Thus, the reason assigned by the petitioner for
liance of making deposit of cash towards security cannot be accepted.
, the court has no power to condone the above requirement.
Application No.553 of 2021:
his Application has been fi led by the Election Petitioner under Section 109
seeking leave to withdraw the Election Petition (Filing) No.54183 of 2021,
und that, subsequently the petitioner moved another ELP duly complying
e statutory and mandatory provisions and the same was numbered as
of 2021, hence, this Election Petition may be permitted to withdrawn.
he relevant portions of the affi davit fi led in support of the Original
n are extracted hereunder for reference:
“11. I state that therefore subsequently
complying all the statutory requirements like
appearing before the Dy. Registrar, who had come
to the Counter and made arrangements for the
accounts section to receive the receipt the Security
Filing No. 54183 of 2021 fi led and placed before
the Lordship on Maintainability as not complied with
the statutory payment of security deposit of
Rs.2000/- under Section 117 of the Representation
of People Act. As the mandatory of security of cost
was not paid along with the petition and subsequent
Election Petition for the same constituency was
fi led by the petitioner and numbered, the Election
Petition fi ling No.(SR) 54183 of 2021 may be
allowed to withdraw under Section 109 of the
Representation of People Act, 1951, since the non -
-payment of Security Cost u/s 117 of R.P. Act, is
not wanton or lack of money or of any other reason
except due to the Corona pandemic and lock down
situation and non-assessable of Registry and
Accounts Section. ”
ections 108 to 116 of the RP Act, fall under Chapter IV of the RP Act, deal
ithdrawal and abatement of election petitions of which Section 109 deals
withdrawal of election petitions and Section 110 deals with the procedure
awal of election petitions.
22. Section 109 of the RP Act is extracted hereunder:-
“109. Withdrawal of election petitions. - (1)
An election petition may be withdrawn only by leave of
the High Court.
(2) Where an application for withdrawal is
made under sub-section (1) notice thereof fi xing a
date for the hearing of the application shall be
given to all other parties to the petition and shall be
published in the Offi cial Gazette. ”
23. Section 110 of the RP Act is extracted hereunder:
“110.
Procedure
for
withdrawal
of election petitions.—(1) If there are more
petitioners than one, no application to withdraw
an election petition shall be made except with the
consent of all the petitioners.
(2)
No application for withdrawal shall
be granted if in the opinion of the High Court, such
(a) the petitioner shall be ordered to pay
the costs of the respondents theretofore incurred or
such portion thereof as the High Court may think fi t;
(b) the High Court shall direct that
the notice of withdrawal shall be published in the
Offi cial Gazette and in such other manner as it may
specify and thereupon the notice shall be published
accordingly;
(c) a person who might himself
have been a petitioner may, within fourteen days
of such publication, apply to be substituted as
petitioner in place of the party withdrawing, and upon
compliance with the conditions, if any, as to
security, shall be entitled to be so substituted and to
continue the proceedings upon such terms as the
High Court may deem fi t. ”
s per sub-section (2) of Section 110 of the RP Act, the High Court shall
permit the petitioner to withdraw the election petition, if, in the opinion
urt, such application has been induced by any bargain or consideration
ht not to be allowed. In view of provisions contained in Sections 109 and
e RP Act, regulating withdrawal of election petitions, provision in Order
e 1 of Code of Civil Procedure, 1908, cannot be applied for withdrawal of
etition, hence the petitioner cannot claim any absolute right to withdraw
n petition and it is subject to Section 110 of the Act.
n Bijayananda Patnaik v. Satrughma Sahu, AIR 1963 SC 1566, the
e Supreme Court has held as under:-
“5. It will be seen from these provisions in
Chapter IV that the petitioner in an election petition
has not an absolute right to withdraw it; nor has
the respondent the absolute right to withdraw from
opposing the petition in certain circumstances. The
basis for this special provision as to withdrawal of
election petitions is to be found in the well-established
principle that an election petition is not a matter in
which the only persons interested are candidates who
strove against each other at the elections. The public
of the constituency also is substantially interested in
it, as an election is an essential part of the democratic
process. That is why provision is made in election
law circumscribing the right of the parties thereto to
who might have fi led the petition in order to preserve
the purity of elections : (see Kamaraja Nadar v. Kunju
Thevar [(1959) SCR 583] ). At the same time, though
these principles are the basis of the provisions to be
found in Chapter IV of the Act, it is equally clear that
but for these provisions it may have been possible for a
petitioner to withdraw the election petition absolutely.”
n the above said circumstances, as already held, for non compliance of
of Section 117 of the RP Act and Rule 8 of the Rules of Madras High
ction Petitions, 1967, ELP (Filing) No.54183 of 2021, is liable only to
d in limine. Therefore, petitioner cannot be permitted to withdraw the
etition in view of sub-section (2) of Section 110 of the RP Act. Accordingly,
53 of 2021, deserves only to be dismissed.
Application No. 38 of 2022:
his Original Application has been fi led by the 4th respondent in the Election
Returned Candidate) under Order VII, Rule 11 of CPC, seeking rejection
petition in E.L.P.No.7 of 2021.
Even though various grounds have been raised seeking rejection of
etition, the learned senior counsel Mr.N.R.Elango, appearing for the 4th
t would submit that, the petitioner already fi led a Election Petition in ELP
54183 of 2021, which is posted for maintainability before this court, and
ner cannot maintain second Election Petition on the very same cause
In the event of the earlier election petition being rejected by this court,
ion would operate as res judicata, for the second election petition in
7 of 2021.
he learned counsel appearing for the election petitioner would vehemently
e application contending that even if the earlier election petition is rejected
urt, such rejection will not be on merits and the rejection will be only
cal reason that, the security for the cost of the election petition was not
by the election petitioner and therefore, that order would not operate as
a for the subsequent election petition as the earlier petition is not heard
ed fi nally. Therefore, according to the learned counsel, the subsequent
7 of 2021, is very well maintainable on facts and in law.
dmittedly, Election Petition in ELP No. 7 of 2021, has been fi led by the
petitioner on the very same cause of action pleaded in the earlier ELP.
ory perusal of the averments made in the ELPs, this court fi nds that the
made in the subsequent election petition are verbatim reproduction of
ELP. Now, this court has rejected the earlier ELP for non compliance of
of Section 117 of the Representation of People Act r/w Rule 8 of Rules
adras High Court Election Petitions, 1967. Now the question is whether
bars the present E.P. on the principle of res judicata.
Court, as nearly as may be, in accordance with the procedure applicable
Code of Civil Procedure, 1908 which reads as under:-
“87. Procedure before the High
Court.— (1) Subject to the provisions of this
Act and of any rides made thereunder, every
election petition shall be tried by the High
Court, as nearly as may be, in accordance
with the procedure applicable under the Code
of Civil Procedure, 1908 (5 of 1908) to the trial
of suits:
Provided that the High Court shall
have the discretion to refuse, for reasons to
be recorded in writing, to examine any witness
or witnesses if it is of the opinion that the
evidence of such witness or witnesses is not
material for the decision of the petition or that
the party tendering such witness or witnesses
is doing so on frivolous grounds or with a view
to delay the proceedings.
(2) The provisions of the Indian
Evidence Act,1872 (1 of 1972), shall, subject
to the provisions of this Act, be deemed to
apply in all respects to the trial of an election
petition.”
the provisions of CPC is applicable to the trial of Election Petition, subject
vision of this Act.
ection 98 of the RP Act, speaks about the decision of the High Court
clusion of the trial of an election petition, which already extracted in the
t of this order. Section 86 of the RP Act deals with the trial of election
hich was also extracted already.
ection 11 of CPC, deals with the principles of res judicata, which reads thus:-
“11. Res Judicata.- No Court shall try
any suit or issue in which the matter directly
and substantially in issue has been directly and
substantially in issue in a former suit between
the same parties, or between parties under
whom they are any of them claim, litigating
under the same title, in a Court competent to
try such subsequent suit or the suit in which
such issue has been subsequently raised, and
81 or 82 or 117 of the RP Act. Any such order dismissing the election
all be deemed to be an order made under clause (a) of Section 98 of
t. A conjoint reading of all the above provisions thus makes it clear that
election petition has been rejected for non compliance of the provision of
7 of the RP Act, such rejection will have the eff ect of dismissal of the
etition after trial and it reached fi nality.
he Honourable Supreme Court in Dipak Chandra Ruhidas v. Chandan
arkar, (2003) 7 SCC 66 has held as under:-
“16. Furthermore, the Representation of
the People Act provides for a complete machinery.
The right of appeal conferred upon a suitor must be
considered from that angle. When an order is passed
under Section 98 of the Act, the same may be in terms
of either sub-section (1) of Section 86 or otherwise.
An appeal lies against a fi nal order. An order passed
under sub-section (1) of Section 86 is also fi nal. It may
be that in the event an appeal therefrom is allowed,
the matter may be required to be sent back but that
would not render an order passed thereunder as an
interlocutory one. It does not take away the concept
of the fi nality attached therewith.”
this back drop, now, the question that crops up for consideration is as to
e order rejecting the earlier ELP will bar- die petitioner from maintaining
quent ELP and subsequent petition is hit by principles of res judicata.
ection 11 of CPC specially bars the court to try any suit or issue in which
directly and substantially in issue has been directly and substantially in
former suit between the same parties, or between parties and has been
fi nally decided by such Court. Now, this court has rejected the earlier
on compliance of provision of Section 117 of the Representation of People
he order passed in the former ELP is deemed to be a fi nal order passed
and it reached fi nality. The issue in this ELP is directly and substantially
n the earlier ELP. The explanation to sub-section (1) of Section 86 of the
as been provided with a specifi c purpose to prevent a second petition on
ame cause of action raised in the earlier petition which has been rejected
tion 86(1) of the RP Act. In the above said circumstances, this court is
w that, the election petitioner is barred from fi ling second election petition
7 of 2021) under Section 11 of CPC, and the principles of res judicata
applies to second Election petition. Thus, the Original application in
8 of 2022 deserves to be allowed and ELP No.7 of 2021 is liable to be
nder Order VII, Rule 11(d) of CPC.
e directed to bear their respective costs.
r portion amended as per order of this Hon’ble Court Dated 10/03/2022
O.A.No.680 of 2021 in ELP.No.7 of 2021. *
SD./-
ASSISTANT REGISTRAR
Original Side - II
ESS, THE HON’BLE MR. JUSTICE MUNISHWAR NATH BHANDARI,
STICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 25TH DAY
UARY 2022.
SD./-
ASSISTANT REGISTRAR
Original Side - II
//Certifi ed to be true copy//
Dated at Madras this the 16th day of March 2022.
COURT OFFICER (O.S.)
5th Day of September 2008 the Registry is issuing certifi ed copies of the
Judgments/Decrees in this format.
ORDER
DATED: 25.02.2022
AMENDED ORDER
DATED: 10.03.2022
THE. HON’BLE MR. JUSTICE
V. BHARATHIDASAN
FOR APPROVAL: 08/03/2022
APPROVED ON : 08/03/2022
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.
3.
The Returning Offi cer,
No. 19, Chepauk-Thirvellikeni
Assembly Constituency, Chennai.
(By Order)
Mඉඔඉඡ Mඉඔඔඑඋඓ,
Principal Secretary,
Election Commission of India.
t,
SATYABRATA SAHOO,
00 009,
Chief Electoral Offi cer and
2022.
Principal Secretary to Government,
Public (Elections) Department.
AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND
NG, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU