K KALAIMANI Vs. MATHIARASAN S

JUDGEMENT

(1.) This Election Petition has been filed, praying for a declaration that the rejection of nomination of the petitioner filed for 197-Ilayangudi Assembly Constituency, Tamil Nadu, by the Returning Officer, is improper, illegal, void and contrary to the provisions of the Representation of the People Act, 1951, and the Returning Officer's instructions, 2009, issued by the Election Commission of India, and to set aside the entire election process including the election of first respondent as returned candidate. The case of the petitioner goes thus:

(2.) First respondent/returned candidate has filed a counter affidavit, stating as follows:

(3.) The quintessence of the contention of Mr. K. Sakthivel, learned counsel for the election petitioner, is that the rejection of nomination of the petitioner by the Returning Officer was arbitrary and non est in law and, therefore, the election of the first respondent/returned candidate has to be set aside. He would also contend that the petitioner was not communicated the order of rejection with cogent reasons, in spite of repeated requests. He would cite the following authorities: