M KARUNANIDHI R RANGASAMI A CHINNADURAI R PERIASAMY A CHINDRASEKHARAN Vs. H V HANDE AND OTHRS:C R RAJAPPA:V PERUMAL NAINAR:T P K JAYARAJ:P S MANIAN

JUDGEMENT

(1.) These appeals by special leave and the connected special leave petitions from the judgments and orders of the High Court of Madras raise the same question and therefore they are disposed of by this common judgment. In Civil Appeal No. 38 (NCE) of 1981, there is a further question involved.

(2.) The facts are more or less similar in all these appeals, except that in Civil Appeal No. 38 (NCE) of 1981 there are certain additional facts. It will suffice for our purposes to set out the facts giving rise to that appeal.

(3.) At the last general election to the State Legislature Assembly of Tamil Nadu from the Anna Nagar Assembly Constituency No. 8 held in May 1980, the appellant, M. Karunanidhi, leader of the Dravida Munnetra Kazhagam Party, contested as a candidate of that party and secured 51290 votes. As against this, the respondent Dr. H. V Hande sponsored as a candidate by the All India Anna Dravida Munnetra Kazhagam secured 50591 votes. On June 1, 1980 the appellant, M. Karunanidhi, was consequently declared elected by a margin of 699 votes. The last date for filing an election petition to challenge his election was July 16, 1980. On July 14, 1980 the respondent, Dr. H. V. Hande, filed an election petition under S. 81 read with S. 100 of the Representation of the People Act 1951 (for the sake of brevity hereinafter referred to as 'the Act') challenging the election of the appellant on various grounds. The election petition was accompanied by a pre-receipted challan prepared by the Accounts Department of the High Court on the basis of a lodgment schedule initialled by the Assistant Registrar II, High Court, showing that a sum of Rs. 2,000/- had been credited on July 11, 1980, to the account of the Registrar, High Court, Madras, in the Reserve Bank of India, Madras, as security for costs along with the lodgment schedule signed by the Assistant Registrar II.