DURAI ARIVUDAINAMBI Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) PETITIONER prays for a direction to declare the election of the 5th respondent from the Thirubuvanai Reserved Constituency for Scheduled Caste of Union Territory of Pondicherry held on 10. 5. 2001 as void and consequently direct the first respondent is hold fresh election from that Assembly constituency and consequently forbear the 5th respondent from taking oath, sit and vote as Member of Legislative Assembly of Union Territory of Pondicherr y.

(2.) THE petitioner filed his nomination as an independent candidate for the election for the Thirubuvana i Constituency which is a reserved Constituency for scheduled caste. THE 5th respondent herein also filed his nomination as a candidate. On the scrutiny of the nomination papers the Recurring Officer found that the nomination of the 5th respondent herein valid along with other six persons. THE election was held on 10. 5. 2001 and the counting was held on 13. 5. 2001 and the results were declared on 13. 5. 2001 afternoon itself. Petitioners had secured 3949 votes as against 4753 votes secured by the 5th respondent who was declared as elected to the constituency.

(3.) 4th Respondent Returning Officer has filed a counter affidavit opposing the maintainability of the writ petition.