[ 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