V.M.C.S.MANOHAREN Vs. M.NAGATHIYAGARAJAN

JUDGEMENT

(1.) The petitioner has filed this Election Petition under Ss. 100(1)(b), 100(1)(d)(ii) and (iv), 101(a)&(b), 123(2) and (4) of the Representation of Peoples Act 1951 [in short "RP Act "], read with Rule 2 of the Madras High Court Conduct of Election Petition Rules, 1967, praying for the following relief:

(2.) The election petitioner is one of the candidates who contested for the general elections at Neravy - T.R. Pattinam Constituency in Karaikkal. The petitioner is a Bharathiya Janata Party (BJP) Candidate and the first respondent is a Dravida Munnetra Kazhagam (DMK) candidate contested in the general elections of Neravy-T.R.Pattinam Constituency, Union Territory of Puducherry, both being recognized political parties. The respondents 3 to 8 are other party candidates who contested along with the election petitioner and the first respondent.

(3.) The first respondent in the election petition has filed O.A.No.53 of 2022 under Order VII Rule 11 CPC to reject the election petition by denying the averments made in the election petition. It is contended that the election petition does not disclose any cause of action and therefore, the same deserves to be rejected in limine. The election petitioner has also filed a counter affidavit in the original application.