LAWS(MAD)-2005-6-6

P CHIDAMBARAM Vs. SUBA KARUPPIAH

Decided On June 14, 2005
P.CHIDAMBARAM Appellant
V/S
SUBA. KARUPPIAH Respondents

JUDGEMENT

(1.) APPLICATION under Order XIV Rule 8 of Original Side Rules and Rule 3 of the Rules of the Madras High Court Election Petitions 1967 read with Order VI Rule 16 and Order VII and Rule 11 C. P. C. and Sections 81 (1), 83, 86 and 100 (1) (d) (i) (ii) of the Representation of People Act, 1951.

(2.) THE first respondent in the Election Petition No. 3 of 2004 has filed the above application praying for striking out the offending paragraphs in the Election Petition and consequently dismiss the Election Petition for want of material facts, particulars, evidence, cause of action and triable issues.

(3.) THE first respondent in this application has filed the Election Petition No. 3 of 2004 under Sections 80 and 80 (A) read with Sections 100 (1) (b), 100 (1) (d) and 101 of the Representation of People Act, 1951 seeking for a declaration that the election of the Returned candidate/applicant herein as void and bad in law for improper acceptance of his nomination papers to contest from No. 33, Sivaganga Parliamentary Constituency by the 12th respondent and also for a declaration that the election of the Returned candidate is null and void as vitiated by corrupt practices and set aside the same and consequently to declare that the next candidate, who has polled the highest number of votes, namely, the first respondent herein, as returned elected.