KUMAR P Vs. SARUBALA R THONDAIMAN AND OTHERS

JUDGEMENT

(1.) This is an application filed by the first respondent in the Election Petition (ELP No.4/2009) under Order 14 Rule 8 of O.S. Rules read with Order 6 Rule 16 of CPC. Election Petition No.4 of 2009 was presented by the first respondent in this application under Section 81 read with S.100(1)(d)(iii) and (iv) and Section 129 of the Representation of Peoples Act 1951 (for short RP Act). The petition was presented on 29.6.2009. Thereafter, the matter was assigned to this court by the Hon'ble Chief Justice. The matter pertains to the challenge made to the election of the present applicant (who is the first respondent in the election petition) as the successful candidate for the Tiruchirappalli Parlimentary Constituency (No. 24).

(2.) Originally orders were reserved on 26.2.2010. Subsequently, it was posted on 11.2.2011 for further clarification. After getting certain points clarified, it was reserved for orders.

(3.) It is an admitted case of both parties that the Election Commission had issued a notification on 17.4.2009 notifying the schedule of election for constituting 15th House of People (Lok Sabha). As per the poll schedule announced, the nomination of candidates was to be made on 24.4.2009. The scrutiny of nominations was to be done on 25.4.2009 and the last date for withdrawal of nominations was on 7.5.2009. The date of polling for electing the candidates for the house of people (Lok Sabha) was fixed on 13.5.2009. Casting of votes as well as declaration of results was notified to take place on 16.5.2009.