M JAYANTHI Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) THE election petitioner has come up with the present application for grant of interim injunction restraining the 5th respondent (Returned Candidate) from functioning and acting as a Member of Legislative Assembly at 78, Rishivanthiyam Assembly Constituency and as well as the Leader of Opposition to Tamil Nadu Legislative Assembly till the disposal of the election petition in E.L.P.No.12 of 2011.

(2.) IT is the case of the applicant that she has filed the election petition to declare the order of the Returning Officer dated 28.3.2011 rejecting her nomination as improper, invalid and illegal and also to set aside the election of the 5th respondent, the Returned Candidate from the Rishivanthiyam Assembly Constituency. The further case of the applicant is that she made out a strong and sufficient ground in her election petition and if her election petition is allowed, the entire functioning of the Returned Candidate and his function as Leader of opposition to the Tamil Nadu Legislative Assembly are liable to be questionable and voidable. Therefore, it has become necessary for her to seek an order of interim injunction restraining him from functioning and acting as Member of the Legislative Assembly as well as the Leader of Opposition.

(3.) ON the above pleadings, I have heard the applicant / party-in-person and the learned Senior Counsel appearing for the Returned Candidate.