A.LASER Vs. V.ANBAZHAGAN

JUDGEMENT

(1.) The present applications are taken out by the first respondent in the election petition in E.L.P. No. 7 of 2011 to reject the election petition and to strike off paragraphs 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 25 of the election petition for want of material facts, material particulars as scurrilous and vexatious, meant to prejudice the Court and as an abuse of the process of the Court. For the sake of convenience, the applicant in both the applications is referred as ' Returned Candidate', the first respondent is referred as 'election petitioner' and the other respondents are referred in their respective position.

(2.) The election petitioner filed the election petition to declare the election of the Returned Candidate in respect of No. 199, Periyakulam (SC Assembly Constituency) held on 13.4.2011 for which results were declared on 13.5.2011, as null and void and declare the election petitioner as duly elected for the said Constituency. In the present applications, the Returned Candidate seeks to reject the election petition and to strike out the pleadings in paragraphs 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 25 of the election petition.

(3.) The reasons set out in the affidavits in support of the applications for rejecting the election petition as well as to strike out the said paragraphs are as follows:-