R NATARAJAN Vs. M RAJASEKARAN

JUDGEMENT

(1.) THIS election petition is filed by the petitioner, who was the contestant from No.156, Thottiyam Assembly Constituency in the election for Tamil Nadu Legislative Assembly held on 8.5.2006 for which the results have been declared on 11.5.2006, against the respondents 1 to 9, out of whom the first respondent has been declared to have been successfully elected in the election, to: i. declare the election of the Returned candidate, namely the first respondent herein from No.156 " Thottiam Assembly Constituency (Tamilnadu) in the election held on 8.5.2006 in which results have been declared on 11.5.2006 as void; ii. order scrutiny of all the 396 big covers in Form 13-C containing the postal ballot papers, including the declaration and the small cover in Form 13-B, with 396 postal ballot papers in Forms 13-A, 13-B & 13-C and the serial numbers thereon and the attestation in Form 13-A and order recounting of all 396 postal ballot papers in comparison with the register maintained by the Returning Officer along with Form 12 received for such postal ballot papers; iii. declare the petitioner as duly elected as a member of the Tamil Nadu Legislative Assembly from No.156 " Thottiam Assembly Constituency (Tamil Nadu) in the election held on 8.5.2006 (n which results have been declared on 11.5.2006); and iv. to direct the first respondent to pay the casts of this election petition.

(2.) THE brief facts in a nutshell are as under:

(3.) ON the basis of the pleadings, the following issues were framed on 9.11.2010: i. Whether the election petition is maintainable without any allegation of corrupt practice against the returned candidate as mandated under Section 83(1)(b) of the Representation of the People Act" ii. Whether the deletion of the tenth respondent by this Court after being impleaded by the petitioner will have any bearing on the election petition" iii. Whether there is non-compliance of Rules 54-A(4) and 54-A(5) of Conduct of Election Rules, 1961, which has materially affected the result of the Returned candidate" iv. Whether there is any violation of Rule 54-A(2) of Conduct of Election Rules, 1961, which has materially affected the result of the Returned candidate" v. Whether there is any violation of Rule 54-A(1) to (7) of Conduct of Election Rules, 1961, which has materially affected the result of the Returned candidate" vi. Whether the petitioner is entitled to the relief of scrutiny of all the 396 big covers in Forms 13-A, 13-B and 13-C along with Form 12 received for such 396 Postal Ballot Papers and order recounting of 396 Postal Ballot papers" vii. Whether the petitioner is entitled to the relief of declaration that the election held on 8.5.2006 pertaining to 156, Thottiam Assembly Constituency as void" viii. Whether the petitioner had made valid application for recounting after the completion of counting and before the declaration of results to the returning officer as per Rule 63 of the Conduct of Election Rules, 1961" and ix. What relief the petitioner is entitled to"