SIVAKUMAR ALAIS J K RITHEESH Vs. V SATHIAMOORTHY

JUDGEMENT

(1.) THE applicant herein is the first respondent in the election petition and also a candidate who was declared elected from Ramanathapuram Parliamentary Constituency. THE election petition was presented by the first respondent under Sections 80 to 84, 100(1)(b), 100(1)(d)(i)(ii),(iii),(iv), 123(1),(2),(3) (3-A)(4), 135(1), 135-A(e), 65(1) of the Representation of People Act, 1951 and Rule 54A of the Conduct of Election Rules read with Rule 2 of Madras High Court Election Petition Rules, 1967. THE election petition was presented on 12.6.2009 by the first respondent. After scrutiny of papers, the matter was allotted to this Court by the Hon'ble Chief Justice.

(2.) WHEN the matter came up on 31.8.2009, this Court admitted the election petition and ordered notice to the respondents. All parties were served either through the court or by substituted service. Accordingly, the first respondent, elected candidate, had entered appearance. He had filed the present Application No.6915 of 2009 under Order 14 Rule 8 of O.S. Rules read with Order 6 Rule 16 of CPC to strike off the election petition No.1 of 2009 filed by the first respondent. On notice on this application, a counter affidavit, dated 18.1.2010 was filed by the first respondent / Original election petitioner. The 13th respondent appearing as party-in-person had filed a counter affidavit, dated 1.3.2010. Arguments were heard on various dates. The application was reserved for orders on 27.4.2010. Subsequently, the matter was reposted on 10.2.2011 for certain clarifications. After getting clarifications from the parties, it was again adjourned for delivering the orders in the application.

(3.) IT was claimed that he was seen distributing money on 11.5.2009 around 10.00 a.m. along with his party men. They were also distributing Rs.100/- for every Aarathi taken for him by the women of that locality. The applicant himself was found on 2.5.2009 promising construction of an Amman Temple at Ariyankottai village and sought for votes for himself and also for his party. He used his two lorries for supply of building materials for the construction of temple. The VAO Rajendran had lodged a complaint which was registered in Crime No.75/2009 on 4.5.2009 with R.S.Mangalam Police station. The registration of that complaint did not deter the applicant. On 6.5.2009 around 11.00 p.m., he had canvassed at Peraiyur village seeking for votes and was seen distributing money to the voters. A complaint was lodged by one Muthuraman, VAO against the applicant under Sections 188 and 171E of IPC with the Peraiyur Police station. The corrupt practices engaged by the Minister Suba Thangavelan and by the applicant who is an aspirant for the post of Member of Parliament has created an indelible doubt about the free poll process. The public documents created in this regard were filed as annexures to the original election petition.