[ 1 ]

DTP—V-4 Ex.(416)—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 416]

CHENNAI, FRIDAY, DECEMBER 22, 2023

Margazhi 6, 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. 11.20 Paise.

NOTIFICATIONS BY THE ELECTION COMMISSION OF INDIA

JUDGEMENT OF THE HIGH COURT OF MADRAS IN ELECTION

PETITION No. 05 OF 2021

No. SRO G-40/2023.

The following Notification of the Election Commission of India, Nirvachan Sadan,

Ashoka Road, New Delhi-110 001, dated 05th December, 2023 [ 14 Agrahayana,1945

(Saka)] is published:-

No.82/TN-LA/ (EP 05 of 2021)/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 31.08.2023

in Election Petition No. 05 of 2021.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

THURSDAY, THE 31ST DAY OF AUGUST, 2023

THE HON’BLE MR. JUSTICE M.SUNDAR

Election Petition No. 5 of 2021

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

KKC.Balu,

S/o. Chenniappan,

685, Chennimalai Road,

Perundurai Taluk,

Erode District. ...Petitioner

-Vs-

1. Jayakumar,

S/o.P.C.Subramani,

2/14, Shanmugapurarn,

Ponmudi Post, Perundurai Taluk,

Erode District.

2. Thoppu Venkatachalam@ N.D.Venkatachalam,

S/o. Deivasigamani Gounder,

14/186, Thoppupalayam,

Perundurai Post,

Erode District.

3. C. Loganathan,

S/o. P.Chinnasamy,

2/100, Nalligoundanpalayam Pirivu,

Ingur, Perundurai Taluk,

Erode District - 638 052.

4. Nandhakumar.C.K.

S/o.Lt.A.Chinnasamy,

Old No. 23, New No. 49,

Tashkent Street,

Perundurai,

Erode District - 638 052.

Shankarsamy,

S/o. Periyamarannaicker,

114, Arugampalayam, Pappanppalayam Post,

Uthukuli Taluk,

Tiruppur District - 638 752.

6. Thambi

S/o. Mahali,

19, Thalakaraipudur,

Perundurai Taluk,

Erode District.

7. The Returning Officer,

No.103, Perundurai Assembly Constituency

*and District Supply and Consumer Protection Officer,

Erode District Tamil Nadu.*

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(*Amended as per order of this Hon’ble Court dated 27/09/2022 made in

OA.No.589/2022 in ELP.No.5 of 2021*)

8. Chief Electoral Officer of Tamil Nadu,

Public (Elections) Department,

Fort St.George Secretariat,

Chennai - 600 009

…Respondents

Election Petition praying that this Hon,ble Court be pleased to (i)Declare the

election of the returned candidate namely Jeyakumar, the 1st respondent herein from

No.103, Perundurai Assembly Constituency, Erode Tamil Nadu in the election held

on 06.04.2021 (in which results have been declared on 03.05.2021 (12.35 am) as

void (ii)direct the 1st respondent to pay the costs of this petition.

The above Election Petition coming on this day before this Court for hearing

in the presence of Mr.S.Mukunth, Senior Counsel for Mr.K.Sasindran, assisted

by Mr.N.Krishna Kumar, Mr.M.Akash, Advocates for the Election Petitioner,

Mr.T.V.Ramanujun, Senior Counsel, assisted by Mr.B.Arvind Srevatsa, Mr.A.Irfan Sherif

and Ms.Nithyasree Rajagopal, Advocates for the 1st Respondent; Mr.R.Prabakar,

Advocate assisted by Mr.P.Marudhupandiyan, Ms.S.Selvi, Advocates for the

4th Respondent herein; and Mr.Niranjan Rajagopalan, Advocate for M/s.G.R.Associates

along with Ms.S.Sowjanya, Advocates for the 7th and 8th Respondents; and the

Respondents 2, 3, 5 and 6 not appearing in person or by advocate; and upon

reading the Election Petition and Affidavit of KKC.Balu and Counter statement of

S.Jayakumar filed herein; and the Evidence adduced herein and the Exhibits marked

thereon and this Court having observed that the records before this Court and

deposition / exhibits bring to light that the Election Petitioner has not proved the

pleadings much less proved to the hilt and

it is ordered as follows:-

That the Election Petition No.5 of 2021 be and is hereby dismissed.

2. That there shall be no order as to costs.

WITNESS, THE HON’BLE MR.JUSTICE SANJAY VIJAYKUMAR

GANGAPURWALA, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID,

THIS THE 31ST DAY OF AUGUST 2023.

Sd./-

ASSISTANT REGISTRAR

Original Side - II

//Certified to be true copy//

Dated at Madras this the 8th day of November 2023.

COURT OFFICER (O.S.)

‘Madras High Court is issuing certified copies in this format from 17/07/2023’.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

17/10/2023

ELP.NO.5 OF 2021

DECREE

DATED: 31/08/2023

THE HON’BLE MR JUSTICE

M.SUNDAR

FOR APPROVAL: 06/11/2023

APPROVED ON: 06/11/2023

Copy to:-

1. The Chief Election

Commissioner,

Election Commission of India,

Nirvachan Sadan,

Ashoka Road, New Delhi.

2. Chief Electoral Officer of

Tamil Nadu,

Public (Elections) Department,

Fort St.George Secretariat,

Chennai - 600 009.

2. The Returning Officer,

No.103, Perundurai Assembly

Constituency and District

Supply and Consumer

Protection Officer,

Erode District, Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

THURSDAY, THE 31ST DAY OF AUGUST, 2023

THE HON’BLE MR. JUSTICE M.SUNDAR

Election Petition No. 5 of 2021

KKC.Balu,

S/o. Chenniappan,

685, Chennimalai Road,

Perundurai Taluk,

Erode District. ...Petitioner

-Vs-

1. Jayakumar,

S/o. P.C.Subramani,

2/14, Shanmugapuram,

Ponmudi Post, Perundurai Taluk,

Erode District.

2. Thoppu Venkatachalam@ N.D.Venkatachalam,

S/o. Deivasigamani Gounder,

14/186, Thoppupalayam,

Perundurai Post,

Erode District.

3. C. Loganathan,

S/o. P. Chinnasamy,

2/100, Nalligoundanpalayam Pirivu,

Ingur, Perundurai Taluk,

Erode District - 638 052.

4. Nandhakumar.C.K.

S/o. Lt.A.Chinnasamy,

Old No. 23, New No. 49,

Tashkent Street,

Perundurai,

Erode District - 638 052.

Shankarsamy,

S/o.Periyamarannaicker,

114, Arugampalayam, Pappampalayam Post,

Uthukuli Taluk,

Tiruppur District - 638 752.

6. Thambi

S/o. Mahali,

19, Thalakaraipudur,

Perundurai Taluk, Erode District.

7. The Returning Officer,

No.103, Perundurai Assembly Constituency

*and District Supply and Consumer Protection Officer,

Erode District Tamil Nadu.*

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(*Amended as per order of this Hon’ble Court dated 27/09/2022 made in

OA.No.589/2022 in ELP.No.5 of 2021*)

8. Chief Electoral Officer of Tamil Nadu,

Public (Elections) Department,

Fort St.George Secretariat,

Chennai - 600 009

…Respondents

Election Petition praying that this Hon’ble Court be pleased to (i) Declare the

election of the returned candidate namely Jeyakumar, the 1st respondent herein from

No.103, Perundurai Assembly Constituency, Erode Tamil Nadu in the election held

on 06.04.2021 (in which results have been declared on 03.05.2021 (12.35 am)) as

void (ii) direct the 1st respondent to pay the costs of this petition.

The above Election Petition coming on this day before this Court for hearing

in the presence of Mr.S.Mukunth, Senior Counsel for Mr.K.Sasindran, assisted

by Mr.N.Krishna Kumar, Mr.M.Akash, Advocates for the Election Petitioner,

Mr.T.V.Ramanujun, Senior Counsel, assisted by Mr.B.Arvind Srevatsa, Mr.A.Irfan Sherif

and Ms.Nithyasree Rajagopal, Advocates for the 1st Respondent; Mr.R.Prabakar,

Advocate assisted by Mr.P.Marudhupandiyan, Ms.S.Selvi, Advocates for the

4th Respondent herein; and Mr.Niranjan Rajagopalan, Advacate for M/s.G.R.Associates

along with Ms.S.Sowjanya, Advocates for the 7th and 8th Respondents; and the

Respondents 2, 3, 5 and 6 not appearing in person or by advocate; and upon reading

the Election Petition and Affidavit of KKC.Balu and Counter statement of S.Jayakumar

filed herein; and the Evidence adduced herein and the Exhibits marked thereon

the Court made the following order:-

State of Tamil Nadu which has a 234 member unicameral legislature went to

polls i.e., General Elections pursuant to a gazette notification dated 12.03.2021

issued by the Election Commission. It may not be necessary to dilate on details of

the schedule owing to the statutory perimeter within which the legal drill on hand

should perambulate. It will suffice to say that polling was on 06.04.2021 and counting/

declaration of results was on 02.05.2021.

2. Captioned Election Petition pertains to one of the 234 assembly constituencies,

namely ‘No.103, Perundurai Assembly Constituency’ (hereinafter said constituency’

for the sake of convenience). Election Petitioner in the captioned election petition

filed his nomination papers having been set up as a candidate by ‘Dravida Munnetra

Kazhagam’ (‘DMK’ for the sake of brevity) a recognised party in the State of

Tamil Nadu and the election petitioner contested in the Rising Sun reserved symbol

of DMK. There were 25 candidates in all in the fray, 4 from recognised political

parties, 6 from registered political parties and 15 independents including the election

petitioner. To be noted, of the 4 recognised political parties, 3 are recognised political

parties in State of Tamil Nadu and one is the recognised political party in India, i.e.,

National Recognised party.

3. Post polling, when results were declared, first respondent in the captioned

election petition was declared elected in the said constituency by a margin of 14,507

votes qua election petitioner. Thereafter, captioned Election Petition was presented

in this court inter-alia under Sections 81, 77, various sub sections of Sections 100,

123 and Section 129(2)(c) of ‘the Representation of the People Act, 1951 (Act

43 of 1951)’ (hereinafter’ said Act’ for the sake of convenience) inter-alia with a

prayer to declare the election of the returned candidate (first respondent) from said

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

constituency as void on the sole ground that there are discrepancies/ differences in

serial numbers as between VVPATs (Voter-verified Paper Audit Trail), EVMs (Electronic

Voting Machine) i.e., balloting units used on polling day (06.04.2021) and control

units used for counting on counting day (02.05.2021) qua Form 17C vide Rules 49S

and 56(C)2 of The Conduct of Elections Rules, 1961.

4. In the captioned Election Petition, there are 8 respondents. Respondents

7 and 8 are Returning Officers of said constituency and Chief Electoral Officer of

Tamil Nadu respectively. Respondent No.1 (as already. alluded to supra) is the

returned candidate and respondents 2 to 6 are some of the other (not all) unsuccessful

candidates. To be noted, other unsuccessful candidates have not been arrayed as

co-respondents. In this regard, it is necessary to say that election petitioner had

not chosen to ask for sequitur prayer of declaring him as returned candidate and

therefore arraying of all unsuccessful candidates in the fray as co-respondents is

really not necessary i.e., not legally imperative. Post service on the respondents, first

respondent took out an application inter-alia tender Order VI Rule 16 of ‘The Code

of Civil Procedure, 1908’ (hereinafter ‘CPC for the sake of brevity, convenience and

clarity) with a prayer to strike out the pleadings, to set out with specificity, striking out

paragraph Nos.6 to 17 was sought and this is vide an application being O.A.No.711

of 2021. This is application, after full contest came to be dismissed by Hon’ble

Predecessor Judge in and by order dated 04.03.2022. This order was assailed in

Hon’ble Supreme Court by first respondent i.e., Returned candidate vide SLP (Civil)

Diary No.24176 of 2022 and the same was dismissed by Hon,ble Supreme Court at

pre leave stage, i.e., at SLP stage in and by order dated 04.01.2023. This meant

that captioned Election Petition had to go for trial.

5. Thereafter, respondents 7 and 8 (hereinafter ‘Election Commission’ solely for

the sake of convenience, without really referring to Election Commission in the legal

sense of the matter) took out an application in O.A.No.668 of 2021 with a prayer to

strike off / delete respondents 7 and 8 in the main Election petition. To be noted,

respondents 7 and 8 were referred to as ‘election officers’ in previous proceedings

and they are now being referred to as ‘Election Commission’ solely for the sake

of convenience. After full contest, this application was disposed of by me by order

dated 29.08.2022 saying that respondents 7 and 8 will continue to be co-respondents

albeit as Eo-nomine / formal parties and it was made clear that there shall be no

prayer against Election Commission and likewise, Election Commission will make

no prayer. It was made clear that Election Commission shall come before this Court

to depose / produce records as and when called for (if the need arises) when the

trial progresses depending on the trajectory the matter takes. It is to be noted that

this Election Petition court was informed that this order dated 29.08.2022 made in

O.A.No.668 of 2021 has been given a legal quietus, i.e., attained finality as it was

not carried further to Hon’ble Supreme Court by any of the parties.

6. This Court having set out factual matrix in a nutshell and the trajectory the

matter has taken thus far i.e., essentials that are imperative to appreciate this order,

deems it appropriate to extract and reproduce the order/ proceedings made in the

listing on 03.01.2023 which reads as follows:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

E.L.P.No.5 of 2021

M.SUNDAR.J

Captioned matter is listed under the cause list caption ‘FOR FRAMING ISSUES’.

2. To appreciate the issues, it is necessary to extract and reproduce the

proceedings made by this Court on 28.10.2022, which reads as follows:

‘Read this in conjunction with and in continuation of earlier

proceedings made in the previous listing on 26.10.2022.

Today, Mr.S.Mukunth, learned counsel representing

Mr. K. Sasindran, counsel on record for Election Petitioner,

Mr.B. Arvind Srevatsa, learned counsel for returned candidate

(along with Mr.A.Irfan Sherif, Mr. Vikram Raj and Ms.L.Madhu)

and Mr. Niranjan Rajagopalan of M/s.G.R.Associates (Law Firm)

along with Mr. Atul Srivats for Election Officers (respondents

7 and 8) are before this Court.

Learned counsel for Election Officers adverting to aforementioned

earlier proceedings on 26.10.2022 submitted that he has

since obtained instructions. Adverting to paragraph 4 of the

proceedings dated 19.10.2022, learned counsel submitted that

as regards 103 Perundurai Assembly Constituency is concerned,

there were 325 polling stations (including 62 auxiliary polling

stations) and these 325 polling stations were located in 151

polling station locations.

4. Learned counsel has placed before this court a tabulation, a

scanned reproduction of which is as follows:

GE-TNLA 2021- Erode District

No and

Name of the

No. of Parts

No. of Auxiliary polling

stations

No. of polling stations

Polling station Locations

Total NO. of

EVMs in poll

Poll Day

Defect

Total Units in EP

No. of BU

No. of CU

No. of VVPATs

No. of BU

No. of CU

No. of VVPATs

No. of BU

No. of CU

No. of VVPATs

103

Perundurai

263

325

151

650

325

652

326

331

5. Adverting to paragraph 15 of election petition, learned counsel

for election petitioner submits that there were mismatch in 81

Polling Stations. On instructions, learned counsel for election

Officers submits that these 81 polling stations were located in

66 locations.

Be that as it may, as regards these 81 polling stations, it is

the specific case of election petitioner that discrepancy is with

regard to 59 VVPAT units and 40 control units.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

7. Before framing issues, as clarity and specificity is imperative, this

court deems it appropriate to call upon learned counsel for

election officers to produce the following particulars, records

and/ or copies of material papers:

(a) Serial number of VVPATs, EVMs (balloting unit) and

control units (3 separate sets of serial numbers) that were

deployed for polling in 81 polling stations on 06.04.2021 being

the polling date;

(b) 81 polling stations are as follows:

POLLING STATION

1A (W)

6 A (W)

12 M

27 (M)

35 m

35 A (W)

36 A (W)

48 A (W)

53 A (W)

54M

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

177 A (W)

183 M

186 A (W)

187 A (W)

188 M

189

196 M

196 A (W)

199

199 A (W)

202

207

208 A (W)

209

216 A (W)

217

220

225

227 M

230

234 A (W)

247

252

253

254

258 A (W)

260 A (W)

Learned counsel for election officers requests for time to produce

the aforementioned details.

To be noted, the above exercise will not in any manner prejudice

the rights and contentions of the returned candidate qua documents

outside the one which are already on Board being pressed into

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

service. To add clarity, it will not affect the rights and contentions

of the election petitioner also.

10. List on 03.11.2022

3. Pursuant to aforementioned proceedings, Mr.Niranjan Rajagopalan of

M/s.G.R.Associates (Law Firm) for the Election Officers has produced data and a

scanned reproduction of the same is as follows:

From

Thiru H.Krishnanunni, I.A.S.,

The Chief Electoral Officer and

District Election Officer &

Principal Secretary to Government

District Collector,

Public (Elections-IV) Department,

Erode District – 638 011.

Secretariat, Chennai-9.

Ref.No.11725/2021/K1

Dated: .11.2022

Sir,

Sub: Elections – Erode District – 103 Perundurai – Madras Hon’ble High

Court in EP No.5/2021 – details of EVM / VVPAT Unit numbers for

81 Polling stations list send – Regarding.

Ref: 1. The Chief Electoral Officer and Principal Secretary to the

Government, Public (Elections-4) Department, Chennai,

Lr.No.18086/Ele.IV/2021-1, Dated:13.08.2021.

2. The Chief Electoral Officer and Principal Secretary to the

Government, Public (elections-4) Department, Chennai,

Ele-IV/Mail Date: 01.11.2022.

*****

I invite kind the reference 2nd cited. In Erode District, 103.Perundurai

Assembly Constituency TNLA 2021. 81 Polling stations EVM / VVPAT allotted unit

numbers details report attached for concerning of Madras Hon’ble High Court in EP

No.5/2021 for your kind perusal.

Attached: EVM / VVPAT Details.

Sd/-

District Election Officer &

District Collector, Erode.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

103 Perundurai Election Petition No.5 of 2021 - EVM Alloted for

81 Polling Stations

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

1(M)

P.U.E.S

Suriyappampalayam-638110

, South Facing New Terraced

Building

BBUEL

12304

BBUEL

99624

BCUAE

59834

BVTEG

05376

1A(W)

P.U.E.S

Suriyappampalayam-638110 ,

North Facing Tiled Building

BBUEL

93527

BBUEG

87192

BCUE

I87735

BVTEA

37169

P.U.E.S

Nettichipalayam-638103,

South Facing Tiled Building

West Portion

BBUEL

11357

BBUEL

14845

BCUAE

85939

BVTEF

20438

6A(W)

P.U.E.S Polayampalayam

- 638103 , South Facing

Terraced Building East Portion

BBUEL

12362

BBUEG

02204

BCUE

I65495

BVTEG

22588

P.U.E.S. Kuruchi-638110,

North Facing Tiled Building

BBUEL

15213

BBUEL

10957

BCUEF

56901

BVTEA

58729

P.U.E.S Valayapalayam -

638103, East Facing Tiled

Building

BBUEF

11535

BBUEL

12819

BCUAE

83538

BVTEG

04552

P.U.E.School Thoranavavi

638110, North Facing Terraced

Building

BBUEL

10425

BBUAC

61298

BCUAE

59699

BVTEF

99049

12(M)

P.U.E.School.

Thandagoundampalayam

-638055, North Facing Tiled

Building

BBUAC

68812

BBUEJ

16363

BCUE

I78590

BVTEC

30357

P.U.E.School

Mandiripalayam-638055,

South Facing Tiled Building

BBUEG

28242

BBUEG

83583

BCUAE

59750

BVTED

18429

Govt.H.S.School.Thingalore

638055, East Facing New

Terraced Building Ground

Floor

BBUEL

14710

BBUEL

64117

BCUEF

55650

BVTEF

98512

C.S.I.School

Broughnagar-638055, North

Facing Tiled Building East

Portion

BBUEL

13817

BBUEG

51426

BCUE

I51470

BVTEF

95670

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

27(M)

Govt.High.School

Pandiyampalayam 638455,

North Facing New Terraced

Building East Side

BBUEL

10289

BBUEJ

03717

BCUE

I80927

BVTEF

99908

35(M)

P.U.E.School Kovilpalayam

-638116 , North Facing

Terraced Building East Portion

BBUEL

11632

BBUEL

13959

BCUEF

40110

BVTEG

06193

35A(W)

P.U.E.School Kovilpalayam

-638116 , West Facing

Aspestos Sheet Room

(Anganwadi)

BBUEL

11200

BBUEL

14586

BCUEI

88806

BVTEC

46330

36A(W)

P.U.M.School

Thanneerpandalpalayam

638116 , North Facing

Terraced Building West Side

BBUEF

49430

BBUEL

10404

BCUEI

51870

BVTED

18018

P.U.M.School

Goundampalayam - 638116,

South Facing New Terraced

Building East Portion

BBUEL

10070

BBUEL

95917

BCUEF

59194

BVTED

09340

P.U.E.School

Kanjikovil-638116, North

Facing Terraced Building

BBUEL

11024

BBUEL

10047

BCUEI

52169

BVTEG

07059

48A(W)

Govt.H.S.School

Kanjikovil-638116, North

Facing Terraced Building West

Portion Room No 4

BBUEL

14925

BBUEL

14323

BCUAC

82180

BVTEG

06389

53A(W)

P.U.E.School

Karunkaradu-638116 , East

Facing Tiled Building South

Side

BBUEL

13464

BBUEL

14556

BCUAE

58311

BVTEA

55073

P.U.E.School

M.Pudhupalayam 638107,

North Facing Tiled Building

BBUEH

10745

BBUEL

04821

BCUEF

40103

BVTEF

99170

Govt.High.School

Thiruvachi-638502, East

Facing Terraced Building

North Portion

BBUAD

76339

BBUEL

14890

BCUEF

63344

BVTEF

27020

P.U.E.School Thiruvachi

638502, South Facing New

Terraced Building

BBUEL

14863

BBUEL

13763

BCUEF

63753

BVTEF

98996

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

P.U.E.School

Nallampatty-638057,

East Facing Tiled Building

South Side

BBUEL

14398

BBUEL

11970

BCUEF

63045

BVTEG

06261

P.U.E.School

Pallakarai-638057, North

Facing Terraced Building West

Portion

BBUEL

12319

BBUEG

27732

BCUEI

81742

BVTEF

98761

G.H.S.School Thuduppathi

638057, South Facing 3rd

Terraced Building West Portion

BBUEL

14188

BBUEL

14332

BCUEI

90879

BVTEG

07657

G.H.S.S Thuduppathi 638057,

South Facing 2nd Terraced

Building East Side

BBUEL

10459

BBUEL

11892

BCUEF

42478

BVTEF

15956

79A(W)

P.U.E.School

Kelaripalayam-638055, North

Facing New Terraced Building

BBUEL

11273

BBUEG

03500

BCUEI

77517

BVTEG

06940

P.U.E.School

Chellappampalayam 638055,

South Facing Terraced

Building West Portion

BBUEL

14280

BBUEL

11097

BCUEF

57165

BVTEC

22408

P U M School

Pappampalayam 638055, East

Facing Terraced Building West

Side North Portion

BBUEL

15748

BBUEG

28007

BCUEG

19337

BVTED

48673

N.R.Karupananadar

Kalvinilaiyam High.School

Kunnathur-638103, South

Facing Terraced Building

East Side

BBUEL

13804

BBUEL

12278

BCUEI

90336

BVTEA

91485

P.U.M.School Kunnathur

638103, West Facingterraced

Building South Portion

BBUEL

12321

BBUEL

14032

BCUEI

58290

BVTEC

42485

P.U.M.School Kunnathur

638103, West Facing Terraced

Building North Portion

BBUEL

14840

BBUEL

16873

BCUAE

86433

BVTED

37884

100

P.U.M.S Thiruvaimudaliyur

638103, North Facing

Terraced Building

BBUEL

12037

BBUEL

68949

BCUEG

19248

BVTEG

00584

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

111

P.U.E.School

Virumandampalayam-638812,

East Facing Tiled Building

North Portion

BBUEL

63405

BBUEL

13805

BCUEI

41162

BVTEA

54543

133A(W)

G.H.S.School.

Vijayapuri-638056 , North

Facing Terraced Building

West Side

BBUEL

12302

BBUEL

14748

BCUEG

19800

BVTEC

30993

137A(W)

Selﬃnance.E.School.

Kinipalayam-638056, East

Facing Terraced Building

Middle Room

BBUEL

68818

BBUEL

13312

BCUEI

89046

BVTEC

94595

138

P.U.E.School.

Karandipalayam-638056, East

Facing New Terraced Building

BBUEL

14557

BBUEH

10832

BCUEF

44204

BVTEI

97497

140(M)

P.U.M.School

Aaigoundampalayam-638057,

North Facing Terraced Building

West Portion

BBUEL

12263

BBUEL

12884

BCUEI

79435

BVTEA

58423

140A(W)

P.U.M.School

Aaigoundampalayam-638057 ,

North Facing Terraced Building

Middle Portion

BBUEL

13581

BBUEL

10702

BCUEF

42164

BVTEF

30318

141

P.U.M.School

Aaigoundampalayam-638057,

South Facing Terraced

Building

BBUEL

88822

BBUEL

15315

BCUAE

37344

BVTEC

31039

145

C.S.I Aided Elementary School

Pattakarampalayam 638057,

East Facing

Tiled Building East Portion

BBUEL

13880

BBUEL

13235

BCUEI

82547

BVTEF

99533

147

P.U.E.School

Kanakkampalayam 638057,

West Facing Terraced Building

BBUEL

10525

BBUEF

63246

BCUEI

79299

BVTEG

07859

148

P.U.E.School

Seenapuram-638055, West

Facing Terraced Building

South Side

BBUEL

14708

BBUEG

02151

BCUEF

56788

BVTEG

36476

154(AW)

P.U.E.S.Thiruvenkadam-

palayam 638052 , North

Facing Tiled Building West

Side

BBUEL

12688

BBUEG

24306

BCUEI

51914

BVTEA

53440

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

155

Govt.Girls.H.S.School

Perundurai-638052, North

Facing Terraced Building

Room No 8

BBUEG

51580

BBUEG

88091

BCUEI

82709

BVTEC

92982

157

Govt.Girls.H.S.School

Perundurai-638052, North

Facing New Terraced Building

Room No 3

BBUEL

13469

BBUEL

10091

BCUEI

51445

BVTED

20344

158(M)

Govt.Girls.H.S.School

Perundurai-638052, North

Facing Terraced Building East

Portion Room No 16

BBUEL

10370

BBUEL

15249

BCUAE

83290

BVTEG

03299

160(M)

CSI School, Selatterpuram

638052 , East Facing Tiled

Building North Side

BBUEL

10682

BBUEL

65032

BCUAE

59006

BVTEG

05963

160A(W)

CSI School, Selatterpuram

638052, East Facing Tiled

Building South Side

BBUEL

81839

BBUEL

14147

BCUAC

73339

BVTEC

59504

161

P.U.E.School

Seelampatty-638052, North

Facing Tiled Building

BBUEG

85224

BBUEL

12471

BCUEI

89193

BVTEA

82008

162

P.U.E.School Ellapalayam

638052, South Facing

Terraced Building

BBUEL

12021

BBUEL

10774

BCUAC

82509

BVTEG

05579

164

P.U.M.School Karumandiselli-

palayam-638052, South

Facing Tiled Building West

Portion

BBUEL

96916

BBUEL

14025

BCUEI

51786

BVTEC

81912

171

P.U.E.School

Kandampalayam-638052, East

Facing Tiled Building South

Portion

BBUEL

13675

BBUEL

15533

BCUEF

53954

BVTEA

57138

173

P.U.M.School. Perundurai

West -638052, South Facing

Terraced Building West Block

West Room

BBUEL

12751

BBUEL

82234

BCUEH

85527

BVTEC

10037

177A(W)

P.U.M.School. Perundurai

West -638052 , West Facing

Terraced Building North Side

BBUEF

10296

BBUEL

11030

BCUEF

67182

BVTEG

06614

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

183(M)

P.U.M.School. Perundurai

East-638052 , East Facing

Terraced Building South Side

BBUEL

13502

BBUEL

12500

BCUEI

89564

BVTEC

92065

186A(W)

P.U.E.School.

Thoppupalayam-638052, East

Facing New Terraced Building

South Portion

BBUEL

11147

BBUEL

13224

BCUEI

88935

BVTED

45470

187A(W)

P.U.E.School Thoppupalayam

638052 , South Facing

Terraced Building East Portion

BBUEL

81395

BBUEG

51566

BCUAD

75020

BVTEG

38582

188(M)

P.U.E.School.

Panikkampalayam-638052,

North Facing Terraced Building

West Side

BBUEL

14049

BBUEL

14522

BCUEF

42104

BVTED

16479

189

P.U.E.School.Chinnavettuva-

palayam-638052, North Facing

Tiled Building

BBUEG

00031

BBUEL

11700

BCUEI

88695

BVTEA

81337

196(M)

P.U.E.S Senkulam Ingur

638058 , South Facing

Terraced Building West Side

BBUEL

13177

BBUEG

72327

BCUEF

63914

BVTEC

03836

196A(W)

P.U.E.S Senkulam Ingur

638058 , South Facing

Terraced Building East Side

BBUEL

15113

BBUEL

68409

BCUEF

59814

BVTEF

98707

199(M)

P.U.E.School.

Servakaranpalayam-638056,

East Facing Terraced Building

North Side

BBUEL

81304

BBUEL

10629

BCUEI

81508

BVTEF

97934

199A(W)

P.U.E.School.

Servakaranpalayam-638056,

East Facing Terraced Building

South Side

BBUEL

11067

BBUEL

14777

BCUEI

79715

BVTEF

99720

202

P.U.M.School

Nadupatti-638056, East

Facing New Terraced Building

BBUEL

14224

BBUEL

12560

BCUEI

80470

BVTEG

06271

207

P.U.E.School

Saravanapuram-638056,

North Facing Old Tiled

Building South West Portion

Terraced Building

BBUEH

11327

BBUEL

15866

BCUEF

56767

BVTEF

99849

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

208A(W)

P.U.E.School Sellipalayam

-638751, East Facing Tiled

Building

BBUEL

12722

BBUEL

12674

BCUEI

81176

BVTEC

84187

209

P.U.M.School

Kasthuripalayam-638751,

West Facing New Terraced

Building

BBUEL

13075

BBUEL

11341

BCUEI

84992

BVTEA

89707

216A(W)

P.U.E.School Muthampalayam

638812 , North Facing

Terraced Building West Portion

BBUEL

90165

BBUEL

11877

BCUEG

34677

BVTEC

42135

217

P.U.M.School Kadapalayam

638812, North Facing New

Terraced Building West Portion

BBUEL

16860

BBUEL

10333

BCUEI

80973

BVTEG

06474

220

P.U.E.School.Morattupalayam

-638752, North Facing Tiled

Building North East Portion

BBUEL

11831

BBUEL

10448

BCUEF

66682

BVTEF

98743

225

P.U.M.School.Uthukuli Rs

638751, North Facing Tiled

Building West Side

BBUEL

13908

BBUEG

88534

BCUEI

59514

BVTEG

07389

227(M)

P.U.M.School.Uthukuli Rs

638751, North Facing Tiled

Building

BBUEL

61209

BBUEL

12852

BCUEF

63618

BVTEF

98019

230

P.U.E.School Karaipalayam

Pudhu Colony 638751, South

Facing Terraced Building West

Side

BBUEL

11937

BBUEL

12854

BCUEI

55335

BVTEC

92861

234A(W)

Govt.Boys.High.School

Uthukuli-638751, East Facing

New Terraced Building Center

Portion

BBUEL

11646

BBUEL

11051

BCUEI

79171

BVTEC

92689

247(M)

P.U.E.S, Kolathupalayam,

638051 , North Facing Tiled

Building West Portion

BBUEH

87883

BBUEL

65206

BCUAC

87926

BVTEC

31457

252

P.U.E.School.Rettaikinnar

-638751, South Facing Tiled

Building

BBUEG

00649

BBUEG

84598

BCUEF

63052

BVTEC

58080

253

P.U.M.School.

Thimmanaickenpalayam

-638752, North Facing

Terraced Building East Side

BBUEL

96008

BBUEL

93910

BCUEI

65934

BVTEA

54162

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S. No.

Polling

Station

No.

Location and Name of Polling

Stations

BU1

BU2

VVPAT

254

P.U.M.School.

Thimmanaickenpalayam

-638752, North Facing

Terraced Building West Side

BBUEG

11876

BBUEL

14363

BCUEF

56597

BVTEF

98601

258A(W)

P U M School Parappalayam

641607, East Facing New

Terraced Building North Side

BBUEL

10585

BBUEL

12136

BCUEF

57159

BVTED

12943

260A(W)

P.U.E.School.

Sarkarperiyapalayam 641607,

East Facing Terraced Building

North Portion

BBUEL

10031

BBUEL

65034

BCUAE

58196

BVTED

12314

4. The Tabulation in paragraph 15 of Election Petition is as follows:

Roll

No.

POLLING

STATION

VVPAT NUMBER

WRONG NUMBER

CONTROL UNIT

EG05376

1A(W)

BUTEA37169

20438

85939

6A(W)

PVTEG22588

EA58729

VVTEG04552

BCUAE59699

12(M)

BVTE0357

19AA888019

19AA888020

BUTEF98512

BUTEF95670

27(M)

PVTEF99908

35m

40110

35A(W)

BUTEC35163

36A(W)

BCVEI51870

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Roll

No.

POLLING

STATION

VVPAT NUMBER

WRONG NUMBER

CONTROL UNIT

ED09340

BCVEF59194

E607059

48A(W)

EG06389

53A(W)

BVTEG38085

54 M

BUTEF99170

BLUEF40103

BOUEF63344

BCVEF63753

BUTEG06261

98761

07657

90879

BCuEF42478

79A(W)

BCuE177517

BLUEF57165

BUTED48673

BUTEA91485

BUE190336

BCVE158290

BUTED37884

100

BCuEG19248

111

54543

41162

133A(W)

BUTEC30993

137A(W)

BCVE189046

138

BUTE197497

140(M)

BVPEATEA58423

140A(W)

E407339

141

BCuAE37344

145

BCVE182547

147

BCuE179299

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Roll

No.

POLLING

STATION

VVPAT NUMBER

WRONG NUMBER

CONTROL UNIT

148

BCuEF56788

154(AW)

BUTEA53440

155

EC92982

BU82709

157

20344

51445

158(M)

BCUAG83290

160(M)

BUTEG05963

160A(W)

BUTEC59504

161

EA82008

CU89193

162

BUTEG05579

164

BVVTEC81912

BCCE151786

171

BLUEF53954

173

BUTEC10037

177A(W)

1273

183(M)

BCuE189564

186A(W)

BUTED45470

187A(W)

BUTEG38582

188(M)

BUTED16479

BUCUE42104

189

BUTEA81337

196(M)

BBTEC03836

196A(W)

BVTER98707

199(M)

BVTEP97934

199A(W)

BuTEF99720

BcuE179715

202

BUTEG06271

207

56767

208A(W)

BCV181176

209

BCVE184992

216A(W)

42135

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Roll

No.

POLLING

STATION

VVPAT NUMBER

WRONG NUMBER

CONTROL UNIT

217

ECI06474

220

98743

66682

225

758

DCUE159514

227(M)

98019

230

BCUEL55335

234A(W)

BUTEC92689

BCUEI179171

247(M)

BUTEC31457

252

BUTE58080

BCVEF63052

253

BVTER54162

254

BUTEF98601

258A(W)

BCUEE57159

260A(W)

BUTED12314

AE58196

5. The following issues are framed:

whether there are discrepancies between serial numbers of VVPATS,

EVMs (balloting units) and control units in 81 polling stations as between

VVPATS, EVMs (balloting units) and control units used on 06.04.2021

(polling day) and VVPATS, EVMs (balloting units) and control units

used for counting qua FORM 17C [referable to Rules 49S and 56C(2)]

of The Conduct of Elections Rules, 1961 for counting on 02.05.2021?

if the answer to the above is in the affirmative either in part or in

whole, whether the same has materially affected the outcome of

election in 103 Perundurai Assembly Constituency?

what other reliefs/orders are necessary in ELP on hand?

6. Learned counsel for Election Petitioner requests for listing post Pongal holidays

so that deposition can commence Learned counsel subunits that a proof affidavit will

be filed well in advance before the nest listing with advance copies to all concerned

List on 20.01.2023 (Friday)

03.01.2023

kmi

7. To be noted, 03.01.2023 proceedings captures proceedings made on

28.10.2022. This 28.10.2022 proceedings in turn opens with a paragraph saying

that it has to be read in conjunction with and in continuation of earlier proceedings

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

made in the previous listing on 26.10.2022 and therefore, it is deemed appropriate

to extract and reproduce 26.10.2022 proceedings also (though not a productive

hearing, for the sake of completion of the narrative) and the same reads as follows:

Matter mentioned at half past one.

2.Mr.K.Sasindran, learned counsel for Election Petitioner, Mr.B.Arvind

Srevatsa, learned counsel for returned candidate and Mr.Niranjan Rajagopalan of

M/s.G.R.Associates (Law Firm) for the Election Officers (Respondents 7 and 8) are

before this Court. Learned counsel for Election Officers adverting to earlier proceedings

made on 19.10.2022, requests for a short accommodation to get instructions and

revert to this Court. Request acceded to.

List day-after-tomorrow i.e., 28.10.2022.’

8. Parties went to trial on the aforementioned issues. On the side of election

petitioner, two witnesses were examined. Election petitioner examined himself as

P.W.1 and Chief Election Agent of the election petitioner one Thiru.P.Srinivasa Moorthy

was examined as P.W.2. 12 exhibits, namely Exs.P.1 to P.12 were marked and an

adumbration of the same is as follows:

Sl.No.

Date

Description

Marked as

Exhibit

12.03.2021

Copy of the election schedule downloaded

from MCI website

EX.P1

15.03.2021

Nomination of the petitioner

EX.P2

28.04.2021

Petition submitted by the petitioner agent

EX.P3

02.05.2021

Complaint regarding change Control Units

EX.P4

02.05.2021

Repoll request petition

EX.P5

02.05.2021

Order passed by the 7th respondent

EX.P6

02.05.2021

Order passed by the 7th respondent

EX.P7

02.05.2021

Order passed by the 7th respondent

EX.P8

02.05.2021

Order passed by the 7th respondent

EX.P9

10.

02.05.2021

Form 20 and Declaration

EX.P10

11.

15.05.2021

List of petitions sent to 7th respondent for

purpose filing election petition

EX.P11

12.

11.06.2021

Order passed by the 7th respondent

received on 14.06.2021

EX.P12

9. On the side of the Returned candidate or other co- respondents, no oral

evidence or documentary evidence was let in.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

10. After recording evidence, captioned Election Petition was listed for arguments.

Thiru.S.Mukunth, learned Senior Advocate instructed by Mr.K.Sasindran / assisted

by Mr.N.Krishna Kumar, Mr.M.Akash for Election Petitioner and Thiru.T.V.Ramanujun,

learned Senior Advocate instructed by Mr.B.Arvind Srevatsa, Mr.A.Irfan Sherif,

Ms.Nithyasree Rajagopal for first respondent (returned candidate) and Mr.Niranjan

Rajagopalan of M/s.G.R.Associates (Law Firm) along with Ms.S.Sowjanya for Election

Commission (to be noted for respondents 7 and 8) were heard. Respondent No.4,

who is one of the unsuccessful candidates had entered appearance through a

counsel pursuant to earlier proceedings made in the previous listing on 17.08.2023.

Mr.R.Prabakar, learned counsel assisted by Mr.P.Marudhupandiyan and Ms.S.Selvi

for fourth respondent is also before this Court today.

11. As regards arguments made by both sides, while Senior Advocates for

Election Petitioner and the Returned Candidate made submissions, learned counsel

for respondent No.4 submitted that he really does not have a say and he is only

a formal party. Mr.Niranjan Rajagopalan appearing for Election Officers submitted

that being Election Officers and being counsel for Election Commission, he would

remain completely neutral as regards the legal tussle qua election petitioner and

returned candidate parties.

12. This takes us to rival submissions made by two contesting parties, namely

Election Petitioner and Returned candidate.

13. Mr.S.Mukunth, learned Senior Advocate, adverting to 03.01.2023 proceedings

submitted that the same forms the bedrock of trial. In the light of the issues set

out in 03.01.2023 proceedings, more particularly paragraph No.5 thereat, captioned

matter turns heavily on records and therefore, learned senior advocate for Election

Petitioner submitted that it may not be necessary to advert to the depositions or

exhibits in detail and be detained by those aspects of the matter. Learned Senior

advocate submitted that a careful perusal of the records placed before this Court

by Election Commission (respondents 7 and 8) pursuant to aforementioned earlier

order of this court brings to light that as regards 81 polling stations (in 66 locations)

with regard to which disputation / contestation regarding disparity between EVMs

and VVPATs used on polling day (06.04.2021), control units (Form 17C) used on

counting day (02.05.2021), only 4 polling stations bring out disparity which if deemed

appropriate can be gone into. These four are, Serial Nos.9,19,39 and 55 in the

tabulation in paragraph 15 of the Election Petition and the respective polling stations

have been mentioned in the tabulation in paragraph 4 of aforementioned 03.01.2023

proceedings. This means that disputation / contestation if at all and if that be so

pertains to polling stations Nos.15, 53A(W), 140A(W) and 177A(W).

14. Before proceeding further, this Court deems it appropriate to record one

fact which has made the entire legal drill on hand very simple and also further

reduced the perimeter within which the legal drill on hand has to perambulate and

that is, as regards four polling stations, votes polled in aforementioned four polling

stations are 511, 592, 471 and 413 respectively and this adds upto 1987. As already

alluded to supra, Returned candidate was declared elected by a margin of 14,507

votes. Therefore, on a demurer even if the contestation as regards aforementioned

four polling stations are considered to be true, correct, proved and established, it

would not materially affect the result. When it would not materially affect the result,

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

that by itself makes the matter fairly simple and that is the reason why this Court

considers it appropriate to not to dilate further on the peripherals.

15. In response to aforesaid submission, appearing on of counsel for Returned

candidate, Thiru T.V.Ramanujun, learned Senior Advocate made one sheet anchor

submission and that one sheet anchor submission is, Election Petition is not a

common law remedy, it is a statutory remedy and therefore, the burden of proof has

to be discharged to the hilt i.e., pleadings, more particularly pleadings contained in

paragraphs 7, 13 and 15 of the Election Petition. It was submitted that the documents

produced by Election Commission also have not been proved or subjected to

disputation and therefore election petitioner has really not proved the case to the hilt

as required nay imperative in a statutory remedy. Learned Senior Advocate pressed

into service two case laws which have stood the test of time. One is, Jyoti Basu

case [Jyoti Basu and others Vs. Debi Ghosal and others reported in (1982) 1

SCC 691] which is an authority for the proposition as regards proper party being

arrayed as respondent and paragraph 8 of Jyoti Basu case was pressed into service

to say that an election petition is not a common law remedy and the other is, Rajiv

Gandhi case [Dhartipakar Madan Lal Agarwal Vs. Rajiv Gandhi reported in 1987

(Supp) SCC 93] where again in paragraph 14 thereat in election petition, it was

held that pleadings should have utmost specificity as election petition remedy is

not a common law remedy and this principle is traceable to Section 83 of said Act.

16. Thereafter, G.S.Iqbal case [G.S.Iqbal Vs. K.M.Khader and others reported

in (2009) 11 SCC 398] was also a case law to which attention of this court was

drawn (paragraphs 28 and 29 thereat) which deals / brought to the fore burden of

proof and G.S.Iqbal was pressed into service only to buttress aforementioned ‘not

a common law remedy’ argument.

17. That election petition is not a common law remedy and that it is a statutory

remedy which warrants proof to the hilt is a proposition which is indisputable. In this

view of the matter, records before this Court and deposition / exhibits (to be noted,

it has already been delineated supra that depositions and exhibits do not really

impact the case on hand) bring to light that the election petitioner has not proved

the pleadings much less proved to the hilt, more particularly pleadings contained in

paragraph 15 of Election Petition.

18. On a demurer, even if the aforementioned four polling stations which were

referred to by learned Senior Advocate for election petitioner are construed to

have been proved, even proved to the hilt, it really does not make a difference to

the outcome of the Election Petition as it would not materially affect the result. In

this regard, it is to be noted that it has also been set out supra that the Returned

candidate was declared elected by a margin of 14,507 votes, whereas votes polled

in four polling stations add up to 1987 votes. Further, though 81 polling stations

(66 locations) have been set out in paragraph 15 of the Election Petition, besides

aforementioned four polling stations, there are at best only certain errors in the alpha

part of alpha numeric descriptions. This really does not materially affect the outcome

of election. In any event, as already alluded to supra, the election petitioner has not

chosen to seek sequitur prayer of being declared elected as Returned candidate.

Therefore, viewed from any perspective, captioned Election Petition cannot but to fail.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

19. The sum sequitur of the narrative, discussion and dispositive reasoning thus

far leads us to the inevitable conclusion that the captioned Election Petition fails

and the same deserves to be dismissed. Accordingly, Election Petition is dismissed.

Considering the facts and circumstances of the case and the manner in which

Election Petition proceeded, this Court deems it appropriate to say that there shall

be no order as to costs.

WITNESS, THE HON’BLE MR.JUSTICE SANJAY VIJAYKUMAR GANGAPURW

ALA, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 31ST

DAY OF AUGUST 2023.

Sd./-

ASSISTANT REGISTRAR

Original Side – II

//Certified to be true copy//

Dated at Madras this the 8th day of November 2023.

COURT OFFICER (O.S.)

‘Madras High Court is issuing certified copies in this format from 17/07/2023’.

Witnesses examined on the side of Election Petitioner:

1.Mr.KKC.Balu – P.W.1

2. Mr.P.Srinivasa Moorthy – P.W.2

List of documents marked on the side of Election Petitioner:

Ex.P.1 - Copy of the election schedule downloaded from MCI website,

dated 12.03.2021.

Ex.P.2 -Nomination of the petitioner, dated 15.03.2021

Ex.P.3 -Petition submitted by the petitioner agent, dated 28.04.2021

Ex.P.4 -Complaint regarding change of Control Units, dated 02.05.2021

Ex.P.5 -Repoll request petition, dated 02.05.2021

Ex.P.6-Order passed by the 7th respondent, dated 02.05.2021

Ex.P.7-Order passed by the 7th respondent, dated 02.05.2021

Ex.P.8-Order passed by the 7th respondent, dated 02.05.2021

Ex.P.9-Order passed by the 7th respondent, dated 02.05.2021

Ex.P.10 - Form 20 and Declaration, dated 02.05.2021

Ex.P.11 - List of petitions sent to 7th respondent for purpose of filing election

petition.

Ex.P.12 - Order passed by the 7th respondent received on 14.06.2021, dated

11.06.2021.

Sd./-

ASSISTANT REGISTRAR

Original Side – II

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

17/10/2023

ELP.NO.5 OF 2021

ORDER

DATED: 31/08/2023

THE HON’BLE MR JUSTICE

M.SUNDAR

FOR APPROVAL: 06/11/2023

APPROVED ON: 06/11/2023

Copy to:-

1. The Chief Election Commissioner,

Election Commission of India,

Nirvachan Sadan,

Ashoka Road, New Delhi.

2. Chief Electoral Officer of Tamil Nadu,

Public (Elections) Department,

Fort St.George Secretariat,

Chennai - 600 009.

3. The Returning Officer,

No.103, Perundurai Assembly

Constituency and District

Supply and Consumer

Protection Officer,

Erode District, Tamil Nadu.

(By Order)

Malay Mallick,

Principal Secretary,

Election Commission of India.

Secretariat,

SATYABRATA SAHOO,

Chennai-600 009,

Chief Electoral Officer and

22nd December, 2023.

Principal Secretary to Government,

Public (Elections) Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND

PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU