T MALARAVAN Vs. A S MAHESWARI

JUDGEMENT

(1.) ELECTION Petition No. 11/2006 has been filed by the respondent herein seeking a declaration that the election of the returned candidate namely the first respondent therein, the applicant herein, from 105 Coimbatore West Constituency is void and bad in law. Now, the instant original applications have been filed by the first respondent in the election petition seeking to strike off the pleadings in paragraphs 9 to 14 of the election petition for want of material facts and particulars and also consequentially reject the election petition for want of cause of action.

(2.) THE case of the applicant who is the first respondent in the main election petiton, iction petition has got to be rejected for non-disclosure of any cause of action nor it give raise to any triable issues; that the averments made in paragraphs 9 to 13, do not create or give raise to any cause of action to file the election petition; that the entire pleadings in the election petition does not disclose any cause of action; that no triable issues are noticed, and hence, the election petition is liable to be rejected in limine.

(3.) IT is the further case of the applicant that the election petition filed by the respondent herein does not conform to the provisions of Section 83 of the Representation of People Act, 1950 (hereinafter referred to as R. P. Act); that the election petitioner has challenged the election of the applicant herein who is the first respondent therein, on the ground that he has given wrong particulars regarding his education; that he had given a false declaration that he had studied for 10 years in the Cuddalore Municipal Higher Secondary School whereas the school had classes during the relevant time only from 6th to 11th Standard; that he had offered money in the guise of self help groups; that he had paid money to each of the electorates and also to self help groups; that as far as the first allegation was concerned, according to the averments found in the election petition, the enquiries made by the election petitioner with the Cuddalore Municipal Higher Secondary School had shown that the applicant has not studied in the said school from 1954 to 1963, and further during that relevant time, the school had only classes from VI to XI, and thus, the declaration made by the applicant herein, is false and misleading, and hence, the election of the applicant herein, the successful candidate, is void; that even the statement made in the main election petition for two allegations seeking a declaration that the election was void, is not a corrupt practice; and that under the circumstances, the election petition cannot be maintained on these two allegations.