A.MARIMUTHU Vs. S.CHANDIRAPRIYANGA

JUDGEMENT

(1.) This election petition is filed under Sections 81 , 100(1)(D)(III) , 100 (1)(D)(IV), 101, 129, 134 of the Representation of People Act , 1951 read with Rule 2 of the Madras High Court (Election Petitions) Rules 1967, seeking for the relief of declaration to declare the election of the first respondent as a successful returned candidate for the 24th Nedungadu (SC) Assembly Constituency on 19.05.2016 as null and void and to declare the petitioner, who has polled higher number of votes next to the first respondent as elected candidate for the said Constituency. This election petition is contested by the first respondent/returned candidate. Respondents 2 to 9, though were served with notice, they did not appear and therefore, they were set exparte.

(2.) The case of the petitioner is as follows: He is the Member of Indian National Congress Party. He belongs to Scheduled Caste Community. He contested in the Puducherry Union Territory Legislative Assembly Elections 2016 from the Nedungadu reserved assembly constituency. Including the petitioner and the first respondent, there were ten candidates contested. Since the first respondent was fielded by the ruling AINRC party, the Police and other Officers involved in the election process turned a blind eye to the lapses and contravention of the code of conduct by the first respondent. The first respondent had suppressed and misrepresented several material facts in her affidavit filed under Section 33-A(1) of Representation of the People Act, 1951. She forged certain documents to claim her residential status inside the Union Territory of Puducherry. The first respondent's parents are residing within the Puducherry Union Territory. The first respondent married one N.S.Shanmugam on 24.06.2009, who is a permanent resident of Tamil Nadu State. After the said marriage, the first respondent shifted her residence to Trichirappalli permanently. Hence, she is not eligible to contest as a candidate for election at Nedungadu Assembly Constituency.

(3.) The first respondent/Returned Candidate filed a counter statement, wherein it is stated as follows: