E KUMAR Vs. P JOTHI

JUDGEMENT

(1.) THE present Revision is directed against the order of the learned Principal District Judge, Vellore, dated 4.12.2007 made in election Original Petition No.8 of 2007.

(2.) THE third respondent in the said election Original Petition is the petitioner herein, the petitioner thereon is the first respondent and respondents 1, 2 and 4 in the said petition are respondents 2 to 4.

(3.) PER contra, Mr. R. Muthukumaraswamy, learned Senior Counsel appearing for the first respondent made the following submissions:(a) The Election Original Petition was originally filed before the Competent Court viz., Principal District Court, Tiruvallur, but, however, since the petitioner filed a Transfer Application in Tr.C.M.P. No.152 of 2007 praying for withdrawal of the Election Original Petition filed by the first respondent and to transfer the same to the file of learned Principal District Judge, Tiruvannamalai, and a consent order was passed by this Court transferring the election Original Petition from the file of the learned Principal District Judge, Tiruvallur, to the file of the learned Principal District Judge, Vellore. Thus, after the consent order, the petitioner cannot urge that the learned Principal District Judge, Vellore, has no jurisdiction to decide the election Original Petition filed by the first respondent.(b) The Returning Officer, the third respondent herein, refused to entertain the nomination form filled up by the first respondent, stating that the first respondent shall use the nomination form issued by the third respondent alone. Later, the first respondent filled up the form issued by the third respondent, which is not the required form and which does not contain the Ward Number of Seconder.(c) Further, the first respondent filled up yet another nomination form and submitted the same to the Returning Officer, but both of them have been rejected on untenable grounds. Thus, according to the learned Senior Counsel, the rejection of the nomination forms submitted by the first respondent is on unsound reasons. The learned Principal District Judge, Vellore, considered every aspect of the matter in the election Original Petition and rightly allowed the same, which does not require any reconsideration by this Court.