S. POORNIMA Vs. N. BALAKRISHNAN

JUDGEMENT

(1.) Invoking the provisions of Article 227 of the Constitution of India, this memorandum of civil revision has been directed against the fair and decretal order, dated 8.2.2013 and made in the interlocutory application in I.A. No. 17 of 2012 in an unnumbered Election O.P. No. Nil/2012 on the file of the learned Principal District Judge, Vellore. The revision petitioner herein is the fifth respondent in the interlocutory application in I.A. No. 17 of 2012, whereas the respondent No. 1 is the petitioner in the above said interlocutory application as well as the petitioner in the unnumbered election petition and the respondents 2 to 8 are the respondents 2 to 4 and 6 to 8 in the above said application.

(2.) It is manifested from the records that the interlocutory application in I.A. No. 17 of 2012 seems to have been filed by the first respondent/petitioner under Section 258 of the Tamil Nadu Panchayats Act to condone the delay of 53 days in filing the election petition.

(3.) This petition was strenuously resisted by the respondents 2 to 8 including the revision petitioner herein being the fifth respondent therein, however, the Election Tribunal, viz., the learned Principal District Judge, Vellore, had proceeded to allow the application on 8.2.2013 and thereby condoned the delay of 53 days in filing the election petition on condition that the first respondent/petitioner shall deposit a sum of Rs. 3000/- towards the cost of the revision petitioner herein (fifth respondent). This order has been impugned in this memorandum of civil revision.