[ 1 ]
DTP—V-4 Ex.(321)—1
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
No. 321]
CHENNAI, FRIDAY, AUGUST 25, 2023
Aavani 8, Sobakiruthu, Thiruvalluvar Aandu–2054
Part V—Section 4
Notifications by the Election Commission of India
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2023
[Price : Rs. 14.40 Paise.
NOTIFICATIONS BY THE ELECTION COMMISSION OF INDIA
JUDGEMENT OF THE HIGH COURT OF MADRAS IN ELECTION
PETITION NO.11 OF 2016
No. SRO G-27/2023.
The following Notification of the Election Commission of India, Nirvachan
Sadan, Ashoka Road, New Delhi-110 001, dated 07th August, 2023
[16 Sravana 1945 (Saka)] is published:-
No. 82/TN-LA/(EP 11 of 2016)/2023:- In pursuance of section 106 (b) of the
Representation of the People Act, 1951 (43 of 1951), the Election Commission
hereby publishes the Order of the Hon’ble High Court of Madras dated 09.06.2023
in Election Petition No. 11 of 2016.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 9TH DAY OF JUNE 2023
THE HON'BLE MR. JUSTICE M.S. RAMESH
Election Petition No. 11 of 2016
&
O.A.No. 166 of 2022
&
O.A.Nos. 822 & 823 of 2021, 889 & 890 of 2018
2
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
ELP.No.11 OF 2016:-
K. Balu,
No.D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai 600 102.
No. 077, Ulundurpet Assembly Constituency,
Party:Pattali Makkal Katchi (P.M.K.)
(Party Symbol Mango)
... Petitioner
-VS-
1.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
2.
N. Chandrasekaran,
No. 19/26, J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
3.
G.R. Vasanthavel,
No.3, Rottu Street, Elavathadi,
Modapalli Post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
5.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
3
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram District.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
8.
S. Rajendran,
No.21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10.
Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai-600 093.
11.
K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur post,
Ulundurpet Taluk,
Villupuram District.
12.
T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
4
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
13.
E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
14.
D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15.
P. Shanmugam,
No.515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai-600 089.
16.
G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17.
Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18.
K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
19.
P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
5
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
20.
D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
21.
Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22.
K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23.
A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
24.
S. Vijayakanth,
No. 5/63, A. Kunjaram,
P.No. 5/59, P. Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25.
*The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
26.
The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27.
The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai 600 009.
6
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
28.
The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi 110 001.*
... Respondents
(*Respondents 25 to 28 are struck off from the array of
respondents as per common order of this Hon'ble court
dated 16/10/2019 made in O.A. Nos. 313,314,315 & 318
of 2017 in ELP.No.11 of 2016*).
This Election Petition praying that this Hon'ble Court be pleased
to a. declare the Election of 77, Ulundurpet Assembly
Constituency, Tamil Nadu, held on 16.05.2016, in which
results were declared on 19.05.2016 as null and void
b. direct the respondents to pay the cost of election petition.
OA.No.166 OF 2022:-
K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai-600 102.
No. 077, Ulundurpet Assembly Constituency,
Party:Pattali Makkal Katchi (P.M.K.)
(Party Symbol:Mango)
... Applicant/Petitioner
-VS-
1.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
2.
N. Chandrasekaran,
No. 19/26, J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
3.
G.R. Vasanthavel,
No. 3, Rottu Street, Elavathadi,
Modapalli post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
7
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
5.
G.Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
6.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram District.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
8.
S. Rajendran,
No. 21/22, Nadu Street,
A. Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No.11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10. Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai-600 093.
11.
K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur Post,
Ulundurpet Taluk,
Villupuram District.
8
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
12. T. Arigovindan,
No.3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
13.
E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
14.
D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15.
P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai-600 089.
16.
G.V. Saravanan,
No.106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17.
Dr. K. Padmarajan,
No.3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18.
K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
9
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
19.
P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
20.
D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurygam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
21.
Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22.
K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23.
A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
24.
S. Vijayakanth,
No. 5/63, A. Kunjaram,
P.No. 5/59, P. Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25. *The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
26.
The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
10
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai-600 009.
28.
The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi-110 001.*
... Respondents
(*Respondents 25 to 28 struck off on 16/10/2019 in O.A Nos. 313,
314, 315 & 318 of 2017*)
Original Application praying that this Hon’ble court be pleased to permit the
petitioner to withdraw the election petition in ELP.No.11 of 2016.
OA.Nos.822 & 823 OF 2021:-
R. Kumaraguru,
S/o. Ramasamy,
Edaikkal Gramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
... Applicant/1st Respondent
-VS-
1.
K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai-600 102.
...1st Respondent/Election Petitioner
2.
N. Chandrasekaran,
No. 19/26, J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
3.
G.R. Vasanthavel,
No. 3, Rottu Street, Elavathadi,
Modapalli Post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
11
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
5.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
6.
M. Suriya Prakash,
No.3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram Dsitrict.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
8.
S. Rajendran,
No.21/22, Nadu Street,
B. Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10.
Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai-600 093.
11.
K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur post,
Ulundurpet Taluk,
Villupuram District.
12.
T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
12
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
13.
E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
14.
D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15.
P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai-600 089.
16.
G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17.
Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18.
K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
19.
P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
20. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
13
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
21.
Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22.
K. Rajasekaran,
No.126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23.
A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
24.
S. Vijayakanth,
No. 5/63, A.Kunjaram,
P.No.5/59, P.Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25. *The Returning Officer,
No.77, Ulundurpet Assembly Constituency,
Villupuram District.
26.
The District Collector-Cum-District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27.
The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai 600 009.
28.
The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi 110 001.*
...Respondents
(*Respondents 25 to 28 are struck off on 16/10/2019 in O.A.Nos.313,
314,315 & 318 of 2017*)
OA.No. 822 OF 2021:-
Original Application praying that this Hon'ble court be pleased to strike
of the pleadings in paragraphs numbers, 4,5,6,7,8 as vexaitious, Para
9,10,11,12,13,14,15,16,17 as the election petitioner does not have direct
knowledge, paras 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 in
14
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
ELP. No.11 of 2016, as it was based upon the legal knowledge as it was not
supported by materials as unnecessary, frivolous, and not admissible in the
eye of law, filed by the Election petitioner and consequently dismiss the same.
OA.No. 823 OF 2021:-
Original Application praying that this Hon'ble court be pleased to reject the Election
Petition in ELP.No.11 of 2016, filed by the Election petitioner.
OA.Nos. 889 & 890 OF 2018:-
The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District
...
Applicant/25th Respondent
-Vs-
1.
K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai 600 102.
No.077, Ulundurpet Assembly Constituency,
Party : Pattali Makkal Katchi (P.M.K.)
(Party Symbol; Mango)
...
Respondent/Petitioner
2.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
3.
N. Chandrasekaran,
No. 19/26, J.Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
4.
G.R. Vasanthavel,
No. 3, Rottu Street, Elavathadi,
Modapalli post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
5.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
15
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
7.
Suriya Prakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram Dsitrict.
8.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
9.
S. Rajendran,
No. 21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
10.
M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
11.
Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai-600 093.
12.
K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur post.
Ulundurpet Taluk,
Villupuram District.
13.
T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
16
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
14.
E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
15.
D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
16.
P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar, Ramapuram,
Chennai 600 089.
17.
G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
18.
Dr. K. Padmarajan,
No.3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
19.
K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
20.
P. Balu.
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
21. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
17
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
22. Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
23. K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
24. A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
25.
S. Vijayakanth,
No. 5/63, A.Kunjaram,
P.No. 5/59, P.Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
26. The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai 600 009.
28. The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi-110 001.
.... Respondents/Respondents
OA.No. 889 OF 2018:-
The Original Application praying that this Hon'ble court be pleased to permit the
applicant to file the application to release the EVM.
OA.No. 890 OF 2018:-
The Original Application praying that this Hon'ble court be pleased to permit the
applicant to release the electronic voting machines used for the elections in
No. 077, Ulundurpet Assembly Constituency, Villupuram District, challenged in
Election Petition No.11 of 2016 for the use of the Election Commission of India.
18
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The Election Petition & Original Applications having been heard in the presence of
Mr. R. Jothimanian, Advocate for the Election Petitioner/Applicant in OA.No.166
of 2022 for the 1st Respondent in OA.No.822, 823 of 2021, OA.No.889, 890
of 2018; Mr.M.Jothikumar, Advocate for the 1st respondent in Election Petition
and OA.No.166 of 2022 and the applicant in OA.No.822, 823 of 2021 and for
the 2nd respondent in OA.No.889, 890 of 2018; and Mr. V .Rajesh, advocate
for the 2nd respondent in Election Petition and OA.No.166 of 2022, 822,823 of
2021 and for the 3rd respondent in OA.No.889,890 of 2018; and upon reading
the Election Petition, Affidavit, and Judges Summon, Affidavit of K. Balu filed
in ELP.No.11 of 2016 and OA.No. 166 of 2022 respectively; Judges summon
affidavit of Kumaraguru filed in OA.No. 822, 823 of 2021 and Judges summon
and affidavit of G. Ramu filed in OA.No. 889 and 890 of 2018 and the order of
this court dated 28/03/2022 made in OA.No. 166 of 2022 and the Tamil Nadu
Government Gazette Publication dated 12/04/2023 and this court having observed
that no person has sought for substituting himself in the place of the petitioner
herein, within 14 days of the said publication as stipulated under Section 110(3)
(c) of the act and
it is ordered as follows:-
That the Election Petitioner be and is hereby permitted to withdraw the Election
Petition No. 11 of 2016 on condition that the Petitioner pay a sum of
Rs.10, 000/-(Rupees Ten thousand only) as costs to the 1st respondent herein
under Section 110(3) (a) of the Act, within a period of ten days from the date
of receipt of a copy of this order.
2.
Subject to the payment of costs mentioned in clause 1 supra that the
Election Petition No.11 of 2016 be and is hereby dismissed as withdrawn.
3.
That the connected Original Application Nos.822 & 823 of 2021 and
889 & 890 of 2018 in ELP.No.11 of 2016 be and are hereby dismissed.
4.
That the Chief Election Commissioner, New Delhi, shall publish the
withdrawal of Election Petition No. 11 of 2016 in the Official Gazette.
WITNESS, THE HON’BLE MR.JUSTICE SANJAY VIJAYKUMAR GANGAPURWALA,
CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9th DAY
OF JUNE 2023.
Sd./-
ASSISTANT REGISTRAR
Original Side-II
//Certified to be true copy//
Dated at Madras this the 3rd day of July 2023.
COURT OFFICER (O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of
the Orders/Judgments/Decrees in this format.
19
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PK
22/06/2023
Election Petition No. 11 of 2016
&
OA. NO. 166 OF 2022
&
OA NOS. 822 & 823 OF 2021,
889 & 890 OF 2018
DECREE DATED: 09/06/2023
THE HON’BLE MR. JUSTICE
M.S. RAMESH
FOR APPROVAL: 27/06/2023
APPROVED ON: 27/06/2023
Copy to:-
1. The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan,
Ashoka Road. New Delhi.
2. The Returning Officer,
No. 77, Ulundurpet Assembly
Constituency,
Villupuram District.
20
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 9TH DAY OF JUNE 2023
THE HON'BLE MR. JUSTICE M.S. RAMESH
Election Petition No. 11 of 2016
&
OA.NO. 166 OF 2022
&
OA NOS. 822 & 823 OF 2021, 889 & 890 OF 2018
ELP.No.11 OF 2016:-
K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai 600 102.
No. 077, Ulundurpet Assembly Constituency,
Party:Pattali Makkal Katchi (P.M.K.)
(Party Symbol: Mango)
... Petitioner
-VS-
1.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
2.
N. Chandrasekaran,
No. 19/26, J.Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
3.
G.R. Vasanthavel,
No.3, Rottu Street, Elavathadi,
Modapalli Post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
21
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
5.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
6.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur,
Ulundurpet Taluk,
Villupuram Dsitrict.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
8.
S. Rajendran,
No. 21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No.11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10. Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai-600 093.
11. K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur post,
Ulundurpet Taluk,
Villupuram District.
12. T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
22
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
13. E. Arumugam,
No.5/754, South Street,
Kizhapalayam, Adhanur,
Ulundurpet Taluk,
Villupuram District.
14. D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15. P. Shanmugam,
No.515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai 600 089.
16. G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17. Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18. K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
19. P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
20. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
23
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
21. Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22. K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23. A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
24. S. Vijayakanth,
No.5/63, A.Kunjaram,
P.No.5/59, P.Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25. *The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
26. The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai-600 009.
28. The Chief Election Commissioner,
Election Commission of India,
Nirvachansandan, Ashoka Road,
New Delhi 110 001.*
... Respondents
(*Respondents 25 to 28 are struck off from the array of respondents as per
common order of this Hon’ble court dated 16/10/2019 made in O.A.Nos. 313, 314,
315 & 318 of 2017 in ELP.No. 11 of 2016*)
This Election Petition praying that this Hon’ble Court be pleased
to a. declare the Election of 77, Ulundurpet Assembly Constituency,
Tamil Nadu, held on 16.05.2016, in which results were declared on 19.05.2016 as
null and void b. direct the respondents to pay the cost of election petition.
24
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
OA.No.166 OF 2022:-
K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai-600 102.
No.077, Ulundurpet Assembly Constituency,
Party:Pattali Makkal Katchi (P.M.K.)
(Party Symbol: Mango)
...
Applicant/Petitioner
-VS-
1.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
2.
N. Chandrasekaran,
No. 19/26, J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
3.
G.R. Vasanthavel,
No. 3, Rottu Street, Elavathadi,
Modapalli Post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai- 600 093.
5.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
6.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram Dsitrict.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
25
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
8.
S. Rajendran,
No. 21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10. Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai - 600 093.
11. K. Arasan,
No.252, Mint Tank Street,
New Colony,
Pandur post,
Ulundurpet Taluk,
Villupuram District.
12. T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
13. E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
14. D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15. P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai-600 089.
26
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
16. G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17. Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18. K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
19. P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
20. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
21. Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22. K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23. A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
27
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
24. S. Vijayakanth,
No. 5/63, A.Kunjaram,
P.No. 5/59, P.Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25. *The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
26. The District Collector Cum District Election Officer,
No.77, Ulundurpet Assembly Constituency,
Villupuram District.
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai-600 009.
28. The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi 110 001.*
... Respondents
(*Respondents 25 to 28 struck off on 16/10/2019 in O.A.Nos.313, 314,315 & 318
of 2017*)
Original Application praying that this Hon'ble court be pleased to permit the
petitioner to withdraw the election petition in ELP.No. 11 of 2016.
OA.Nos.822 & 823 OF 2021:-
R. Kumaraguru,
S/o. Ramasamy,
Edaikkal gramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
... Applicant/1st Respondent
-VS-
1.
K. Balu,
No.D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai 600 102.
... 1st Respondent/Election Petitioner
2. N. Chandrasekaran,
No. 19/26, J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
28
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
3.
G.R. Vasanthavel,
No. 3, Rottu Street, Elavathadi,
Modapalli post, Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
4.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai- 600 093.
5.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
6.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram Dsitrict.
7.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
8.
S. Rajendran,
No. 21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
9.
M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
10. Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai - 600 093.
11. K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur Post, Ulundurpet Taluk,
Villupuram District.
29
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
12. T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
13. E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
14. D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
15. P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai 600 089.
16. G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
17. Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
18. K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar,
Thiruvennainallur,
Villupuram District.
19. P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
30
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
20. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam,
Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
21. Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
22. K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
23. A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
24. S. Vijayakanth,
No. 5/63, A. Kunjaram,
P.No.5/59, P. Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
25. *The Returning Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
26. The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai-600 009.
28. The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi 110 001.*
...Respondents
(*Respondents 25 to 28 are struck off on 16/10/2019 in O.A.Nos. 313, 314,315
& 318 of 2017*)
31
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
OA.Nos. 822 OF 2021: -
Original Application praying that this Hon'ble court be pleased to strike of
the pleadings in paragraphs numbers, 4,5,6,7,8 as vexaitious, Para
9,10,11,12,13,14,15,16,17 as the election petitioner does not have direct
knowledge, paras 18,19,20,21,22,23,24,25,26,27,28,29 in ELP.No.11 of
2016, as it was based upon the legal knowledge as it was not supported
by materials as unnecessary, frivolous, and not admissible in the eye of
law, filed by the Election petitioner and consequently dismiss the same.
OA.Nos. 823 OF 2021:-
Original Application praying that this Hon'ble court be pleased to reject the
Election Petition in ELP.No.11 of 2016, filed by the Election petitioner.
OA.Nos. 889 & 890 OF 2018:-
The Returning Officer
No. 77, Ulundurpet Assembly Constituency,
Villupuram District
...
Applicant/25th Respondent
-Vs-
1. K. Balu,
No. D 65/8, Easwar Apartment,
D Block, Anna Nagar East,
Chennai 600 102.
No. 077, Ulundurpet Assembly Constituency,
Party:Pattali Makkal Katchi (P.M.K.)
(Party Symbol: Mango)
...
Respondent/Petitioner
2.
R. Kumaraguru,
Edaikkalgramam,
Thiruperiyar Post,
Ulundurpet Taluk,
Villupuram District.
3.
N. Chandrasekaran,
No. 19/26,
J. Anna Nagar,
Ulundurpet Taluk,
Villupuram District.
4.
G.R. Vasanthavel,
No. 3, Rottu Street,
Elavathadi, Modapalli post,
Perperiyankuppam Via,
Ulundurpet Taluk,
Villupuram District.
5.
Vijaykant,
No. 10/12A, Kannammal Street,
Saligramam,
Chennai-600 093.
32
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6.
G. Ramalingam,
No. 107-3/88A, Durgam Road,
Govinda Gounder Thottam,
Kallakurichi Town and Taluk,
Villupuram District.
7.
M. SuriyaPrakash,
No. 3/151, Pudu Colony,
Anathur, Ulundurpet Taluk,
Villupuram District.
8.
S. Desingh,
No. 1/28, East Street,
Eruvelpattu Post,
Ulundurpet Taluk,
Villupuram District.
9.
S. Rajendran,
No. 21/22, Nadu Street,
A.Kumaramangalam,
Ulundurpet Taluk,
Villupuram District.
10. M. Venkatesan,
No. 11, Samathuvapuram,
Thirunavalur Post,
Ulundurpet Taluk,
Villupuram District.
11. Agni Sri Ramachandran,
No. 16/18, Anna Street,
Mathiazhagan Nagar,
Saligramam,
Chennai - 600 093.
12. K. Arasan,
No. 252, Mint Tank Street,
New Colony,
Pandur post, Ulundurpet Taluk,
Villupuram District.
13. T. Arigovindan,
No. 3/422, South Street,
U Cellur,
Ulundurpet Taluk,
Villupuram District.
14. E. Arumugam,
No. 5/754, South Street,
Kizhapalayam,
Adhanur,
Ulundurpet Taluk,
Villupuram District.
33
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
15. D. Kumaraguru,
Mariamman Koil Street,
Erudhai Post,
Ulundurpet Taluk,
Villupuram District.
16. P. Shanmugam,
No. 515A, 2nd Street,
Natesan Nagar,
Ramapuram,
Chennai-600 089.
17. G.V. Saravanan,
No. 106, Perumal Koil Street,
Gramam @ Thirumundicharam,
Ulundurpet Taluk,
Villupuram District.
18. Dr. K. Padmarajan,
No. 3/3, 23A, Padmanivas,
Raman Nagar Post,
Mettur Dam,
Salem District.
19. K. Bakkiyalakshmi,
No. 6/7, Valluvar Mettu Street,
Gandhi Nagar, Thiruvennainallur,
Villupuram District.
20. P. Balu,
East Street, Aaththipakkam,
Periyakurukkai Post,
Ulundurpet Taluk,
Villupuram District.
21. D. Manoharan,
No. 29, Visiyar Street Extension,
Thyagadurgam, Kallakurichi Taluk,
Ulundurpet Taluk,
Villupuram District.
22. Rahamathullah Shariff,
No. 140, Chetty Street,
Pidagam,
Elavanasurkottai,
Ulundurpet Taluk,
Villupuram District.
23. K. Rajasekaran,
No. 126, South Street,
Pathur,
Ulundurpet Taluk,
Villupuram District.
34
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
24. A. Vijayakanth,
Thenpathi Colony,
U Keeranur,
Ulundurpet Post,
Villupuram District.
25. S. Vijayakanth,
No.5/63, A.Kunjaram,
P.No.5/59, P.Kunjaram Post,
Ulundurpet Taluk,
Villupuram District.
26. The District Collector Cum District Election Officer,
No. 77, Ulundurpet Assembly Constituency,
Villupuram District.
27. The Chief Electoral Officer,
Tamil Nadu State Secretariat,
Chennai 600 009.
28. The Chief Election Commissioner,
Election Commission of India,
Nirvachan sadan, Ashoka Road,
New Delhi 110 001.*
...
Respondents/Respondents
OA.No. 889 OF 2018:-
The Original Application praying that this Hon'ble court be pleased to permit
the applicant to file the application to release the EVM.
OA.No. 890 OF 2018:-
The Original Application praying that this Hon'ble court be pleased to permit the
applicant to release the electronic voting machines used for the elections in No.077,
Ulundurpet Assembly Constituency, Villupuram District, challenged in Election Petition.
No.11 of 2016 for the use of the Election Commission of India.
The Election Petition & Original Applications having been heard in the presence
of Mr. R. Jothimanian, Advocate for the Election Petitioner/Applicant in OA.No. 166
of 2022 for the 1st Respondent in OA.No. 822, 823 of 2021, OA.No.889, 890 of
2018; Mr. M. Jothikumar, Advocate for the 1st respondent in Election Petition and
OA.No.166 of 2022 and the applicant in OA.No. 822, 823 of 2021 and for the 2nd
respondent in OA.No.889, 890 of 2018; and Mr.V.Rajesh, Advocate for the 2nd
respondent in Election Petition and OA.No. 166 of 2022, 822,823 of 2021 and
for the 3rd respondent in OA.No.889,890 of 2018; and upon reading the Election
Petition, Affidavit, and Judges Summon, Affidavit of K. Balu filed in ELP.No.11 of
2016 and OA.No.166 of 2022 respectively; Judges summon affidavit of Kumaraguru
filed in OA.No.822, 823 of 2021 and Judges summon and affidavit of G.Ramu filed
in OA.No. 889 and 890 of 2018 and the order of this court dated 28/03/2022 made
in OA.No. 166 of 2022 and
the court made the following order:-
The petitioner, who is the unsuccessful candidate in the Election of 77,
Ulundurpet Assembly Constituency, Tamil Nadu, held on 16.05.2016, challenges the
election of the first respondent / returned candidate, who was declared as elected
35
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
on 19.05.2016 in the main Election Petition in ELP. No.11 of 2016. Pending Election
Petition, O.A.No. 166 of 2022 has been filed under Order XIV Rule VIII of Madras
High Court Original Side Rules r/w. Section 109 (1) of the Representation of People
Act, 1951 (hereinafter referred to as “the Act”).
2.
Heard Mr. R. Jothimanian, learned counsel for the petitioner and
Mr.M.Jothikumar, as well as Mr. V. Rajesh, learned counsel for the first and second
respondent respectively.
3.
The first respondent herein is the successful returned candidate. The
respondents 2 to 24, though served with the notice of hearing, have not entered
appearance. The official respondents 25 to 28 were struck off from the proceedings
vide a common order dated 16.10.2019 passed in O.A. Nos.313, 314, 315 & 318
of 2017. Thus, the only contesting respondent in the present Original Application in
O.A.No.166 of 2022 is the first respondent.
4.
There is no objection from the first respondent, alleging that the present
application “for withdrawal” has been induced by any bargain or consideration, which
ought not to be allowed, as contemplated under Section 110 (2) of the Act.
5.
On the directions of this Court, the petitioner had also published
a notice of hearing in O.A.No.166 of 2022 in ELP. No.11 of 2016 in the
Tamil Nadu Government Gazette Publication dated 12.04.2023, as required under
Section 110 (3)(b) of the Act. No person has sought for substituting himself in the
place of the petitioner herein, within 14 days of the said publication, as stipulated
under Section 110 (3)(c) of the Act.
6.
In the light of the above, leave is hereby granted to the petitioner to
withdraw the main Election Petition in ELP. No.11 of 2016, on condition that the
petitioner pays a sum of Rs. 10,000/- as costs to the first respondent herein under
Section 110 (3)(a) of the Act, within a period of ten days from the date of receipt
of a copy of this order. Accordingly, the Original Application in O.A.No.i66 of 2022
stands allowed and the Election Petition No. 11 of 2016 is '“dismissed as withdrawn”.
Consequently, the connected Original Applications iviz., OA.Nos.822 & 823 of 2021
and 889 & 890 of 2018 stand dismissed.
7.
Registry shall report the fact of this withdrawal of the main Election Petition
i.e., ELP. No.11 of 2016 to the Chief Election Commissioner, New Delhi, who shall
thereupon publish the report in the Official Gazette.
WITNESS, THE HON’BLE MR. JUSTICE SANJAY VIJAYKUMAR
GANGAPURWALA, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID,
THIS THE 9TH DAY OF JUNE 2023.
Sd./-
ASSISTANT REGISTRAR
Original Side - II
//Certified to be true copy//
Dated at Madras this the 3rd day of July 2023.
COURT OFFICER (O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of
the Orders/Judgments/Decrees in this format.
36
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PK
22/06/2023
Election Petition No. 11 of 2016
&
OA.No.166 OF 2022
&
OA Nos.822 & 823 OF 2021,
889 & 890 OF 2018
ORDER DATED: 09/06/2023
THE HON'BLE MR. JUSTICE
M.S. RAMESH
FOR APPROVAL: 27/06/2023
APPROVED ON :27/06/2023
Copy to:-
1. The Chief Election Commissioner,
Election Commission of India,
Nirvachan sadan,
Ashoka Road. New Delhi.
2. The Returning Officer,
No. 77, Ulundurpet Assembly
Constituency, Villupuram District.
(By Order)
Malay Mallick,
Principal Secretary,
Election Commission of India.
Secretariat,
SATYABRATA SAHOO,
Chennai-600 009,
Chief Electoral Officer and
25th August, 2023.
Principal Secretary to Government,
Public (Elections) Department.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND
PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU