(1.) THIS Application has been filed, praying to substitute the applicant A. Lazar as Petitioner in place of the deceased Petitioner late P. Mohan and continue the proceedings in the above Election Petition.
(2.) THE case of the applicant is as follows:
(3.) NINTH Respondent also has filed a counter affidavit, stating as under: 5.1. As per Section 112(1) of the Act, the Election Petition got abated. The mandatory requirements under Section 82 of the Act are not complied with and hence the main Election Petition itself is liable to be dismissed. Once the applicant withdrew his nomination, he relinquishes all his rights and therefore, the Application under Section 112 (3) is no maintainable. The applicant has failed to comply with the requirement of enclosing certified copy of the certificate issued by the Election Officer. The applicant cannot maintain a petition on the basis of security deposit made by the deceased P. Mohan. The matters are within the exclusive knowledge of the deceased Petitioner and cannot be established by the applicant. Therefore, the Application has to be dismissed.