M THANGAMUTHU Vs. M CHANDRA

JUDGEMENT

(1.) THE petitioner has filed the election petition under Section 81 read with Sections 5(a), 100(1)(a) and 125(A) of the Representation of the People Act, 1951 seeking a declaration that the election of the first respondent herein/returned candidate from No.209, Rajapalayam (SC) Assembly Constituency is void and to declare the petitioner or other eligible candidate as duly elected as a Member of the Tamil Nadu Legislative Assembly from the said Constituency in the election held on 8.5.2006.

(2.) ACCORDING to the election petitioner, nominations were called for from the candidates for the 13th Assembly Election in the State of Tamil Nadu and he filed his nomination as an independent candidate in No.209, Rajapalayam (SC) Assembly Constituency and the nominations were opened on 21.4.2006 and after scrutiny, there were 13 candidates in the fray in the above Constituency and the election petitioner was allotted "Finger Ring" symbol. It is further stated by the election petitioner that the first respondent contested as a candidate of All India Anna Dravida Munnetra Kazhagam (AIADMK) and was allotted "Two leaves" symbol and the second respondent contested as a candidate of Dravida Munnetra Kazhagam (DMK) and was allotted "Rising Sun" symbol and the third respondent as a candidate of Bahujan Samajvadi Party was allotted "Elephant" symbol and the fourth respondent as a candidate of Bharathiya Janatha Party was allotted "Lotus" symbol and the fifth respondent as a candidate of Desiya Murpokku Dravida Kazhagam was allotted "Kottumurasu" symbol and the sixth respondent as a candidate of All India Forward Block was allotted "Lion" symbol and the seventh respondent as an independent candidate was allotted "Match Box" symbol and the eighth respondent as an independent candidate was allotted "Axe" symbol and the ninth respondent as an independent candidate was allotted "Aeroplane" symbol and the tenth respondent as an independent candidate was allotted "Cricket Bat" symbol and the eleventh respondent as an independent candidate was allotted "Television" symbol and the twelfth respondent as an independent candidate was allotted "Banana" symbol.

(3.) IN paragraph No.7, the election petitioner has stated that the original name of the first respondent was Glory Chandra and she is born to Christian parents namely Navakumar and Santhosapackkiam of Erumalainaickenpatti Village and all of them are Christians by birth and following Christianity till date and Navakumar is working at Madurai Christian Mission Hospital.