R. ARUNAGIRI Vs. E. IYYAPPAN

JUDGEMENT

(1.) The revision petitioner herein challenged the election of Thiru.E.Iyyappan as councilor for the 11th ward of Sambavar Vadakarai Town Panchayat. The election was held on 19/2/2022 and results were declared on 22/2/2022. The El.OP was filed before the Principal District Judge, Tirunelveli and it was later transferred to the file of the Additional District Judge, Tirunelveli and renumbered as El.O.P.No.65 of 2022. The revision petitioner examined himself as P.W.1 and marked Ex.P.1 to Ex.P.9. The winning candidate neither adduced any evidence nor marked any document. The executive officer of the local body(R5) examined herself as R.W. 1. After considering the evidence on record, the learned Additional District Judge, Thenkasi vide order dtd. 19/1/2024 dismissed El.O.P.No.65 of 2022. Challenging the same, this civil revision petition came to be filed.

(2.) During the pendency of this revision petition, it was reported that the first respondent passed away. His legal heir (wife), Isakkiammal, was suo motu impleaded vide order dtd. 4/9/2024. The learned counsel appearing for the revision petitioner impugned the reasons assigned by the Court below for dismissing the election petition. One of the reasons for dismissal is that the petition was not filed under the relevant provisions of the Tamil Nadu District Municipalities Act. The learned counsel submitted that a mere wrong quoting of a legal provision is only a curable irregularity and it would not go to the root of the matter. He pointed out that the claim of the revision petitioner that the winning candidate had filed a false affidavit had been proved. The nomination form filed by the first respondent before the returning officer ought not to have been accepted. According to the learned counsel, this was a case of improper acceptance of the nomination form. He called upon this Court to set aside the impugned order and declare the revision petitioner as the winning candidate place of the deceased first respondent.

(3.) Per contra, the learned Special Government Pleader as well as the other counsel submitted that the impugned order is well reasoned and that it does not call for any interference.