ANITHA P. RADHAKRISHNAN Vs. B. RAMKUMAR ADITYAN

JUDGEMENT

(1.) The prayer sought for in the Original Application is filed by the Applicant to reject the Election Petition filed by the Respondent herein for non-compliance of the mandatory provisions under the Representation of People Act, 1951. Election Petition is filed to declare that the Election of the Returned Candidate, namely the Respondent herein, No.215, Tiruchendur Legislative Assembly Constituency, Thoothukudi District, Tamil Nadu held on 16/5/2016 in which result have been declared on 19/5/2016 as void.

(2.) Before going into the facts of the present Original Application, it would be relevant to mention the brief facts of the Election Petition filed by the Respondent/Election Petitioner in the present Application.

(3.) According to the learned Counsel appearing for the Applicant, the allegation of the Respondent herein that the mandatory provisions as prescribed under the Representation of the People Act, 1951 have not been followed. The Applicant has now filed the instant Application to reject the Election Petition by raising grounds that as per Sec. 81(1) of the Representation of People Act, 1951 an Election Petition shall be presented within forty-five (45) days from the date of declaring the result of the election, but not earlier than the date of Election of the Returned Candidate. The Election Petitioner has not filed the Election Petition within the prescribed time as stipulated under Representation of People Act, 1951, therefore, the Election Petition is barred by limitation.