S.P.RAJENDRAN Vs. M.UDAYAKUMAR

JUDGEMENT

(1.) This Election Petition has been filed to declare the election of the third respondent as returned candidate from No.72, Tindivanam (Reserved) Legislative Assembly Constituency as void and to declare the petitioner herein as duly elected from the said constituency.

(2.) The general election to the Tamil Nadu State Legislative Assembly was held in the year 2016. For No.72, Tindivanam (Reserve) Legislative Assembly Constituency, the election petitioner, Mr.S.P.Rajendran, is the official candidate of the All India Anna Dravida Munnetra Kazhagam (in short 'AIADMK') contested in 'Two Leaves' symbol, and the third respondent (returned candidate) Mrs.P.Seethapathy, was the official candidate of the Dravida Munnetra Kazhagam (in short 'DMK') and contested in 'Rising Sun' symbol. The third respondent has been declared elected with a victory margin of 101 votes. Now, challenging the said election, the present election petition has been filed.

(3.) The averments made in the election petition, in brief, is as follows: