SELVA RAMALINGAM Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Petitioner has submitted his nomination paper, for contesting, in 18, Tiruppur Parliamentary Constituency, as an independent candidate, in the Lok Sabha Election, 2019.

(2.) Scrutiny of the nomination was taken up by the Returning Officer/District Collector, 18 Tiruppur Parliamentary Constituency, Tiruppur, third respondent and while doing so, third respondent, issued an acknowledgment and also a check list, showing two defects, in Form 26, which are as follows:-

(3.) Third respondent, has instructed the petitioner, to submit a revised affidavit, on or before 27/3/2019. According to the petitioner, when he went to the office of the third respondent along with revised affidavit, neither the third respondent nor any Officer was available at the office. Immediately, he met the Revenue Divisional Officer, who is next to the Returning Officer/District Collector, 18 Tiruppur Parliamentary Constituency, Tiruppur, to submit his revised affidavit. He was tossed from pillar to post, but there was no one to receive the revised affidavit. On 27/3/2019, third respondent, rejected the nomination papers, stating that the petitioner has not submitted the revised affidavit before the commencement of the scrutiny. Petitioner has contended that no one was available in the office of the third respondent, which is evident in CCTV footage.