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84] Chennai, Tuesday, February 26, 2019 Maasi 14, Vilambi, Thiruvalluvar Aandu–2050

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84] Chennai, Tuesday, February 26, 2019 Maasi 14, Vilambi, Thiruvalluvar Aandu–2050 © [Regd. No. tN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. dis. No. 197/2009. 2019 [Price : Rs. 6.40 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 84] CHENNAI, tuesday, February 26, 2019 Maasi 14, Vilambi, Thiruvalluvar Aandu–2050 Part V—Section 4 Notifications by the Election Commission of India NotIfICatIoNs by thE ElECtIoN CommIssIoN of INdIa JUDGEMENT OF THE HIGH Court OF MADRAS IN ELECTION PETITION No.23 OF 2016. No. SRO G-6/2018. The following Notification of the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001, dated 6th February, 2019 [17 Magha, 1940 (Saka)] is published:— No. 82/tN-la(EP 23 of 2016)/2019:—In pursuance of Section 106 (b) of the Representation of the People Act, 1951 (43 of 1951), the Election Commission hereby publishes the Order of the High Court of Madras, dated 26-09-2018 in Election Petition No.23 of 2016. [ 1 ] DTP—V-4 Ex.(84)—1 2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2018 THE HON’BLE MR. JUSTICE K. RAVICHANDRABAABU Election Petition No. 23 of 2016 and O.A. NO 1174 of 2017 and O.A. No. 926 of 2016. ELP No. 23 of 2016 R. Venkatesan, S/o. Rengasamy, Nethaji Nagar, Vembakkam, Chengalpattu, Kancheepuram District—Petitioner. Versus 1. The Returning Officer cum Revenue Divisional Officer, No. 32, Chengalpattu Assembly Constitutency, Chengalpattu. 2. S. Ajay, No. 16, Braminar Street, 65, Palur Village & Post, Chengalpattu Taluk. 3. R. Kamalakannan, No. 15, 36th Street, AVM Avenue, Virugambakkam, Chennai. 4. D. Murugesan, 6, NVN Street, Anakaputhur, Chennai. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3 5. M. Varalakshmi, 4/8, Varalakshmi Koil Street, Aappur, Chengalpattu Taluk. 6. K. Arumugam, 36/36, Maraimalai Panchayat, Sriperumputhur Road, Thirukatchur Village & Post, Chengalpattu Taluk. 7. K. Sancheevinathan, No. 30, First Railway Gate Street, Kilampakkam, Urapakkam, Kanchipuram District. 8. G. Sathishkumar, No. 159A, Railway Colony, Chengalpattu. 9. T. Selvaraj, No. 215, 3rd Street, M.G.R. Nagar, Thenpathi Village, Aathur Post, Chengalpattu Taluk. 10. S. Muthamil Selvan, 102, SRM Nagar, Kattankolathur Post, Kancheepuram District. 11. S. Kumaran, 8/10, Karpoorchettikulam, Chengalpattu, Kancheepuram District. 12. L. Durairaj, 162, TNHB, Koodalur, Singaperumal Koil Via, Chengalpattu Taluk. 13. M. Raffee, 5/215, 6th Main Road, Otteri Extension, Vandaloor, Chennai. 4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 14. K. Varalakshmi, 3/76, Thiruvalluvar Nagar, Mannivakkam, Chengalpattu Taluk. 15. P. Veeramani, Anbagam, Thayar Salai, Panangattupakkam, Kolathur Post, Vandalur via, Chennai. 16. A. Venkatesan, 187, Mettu Street, Illalur, Thiruporur Taluk, 17. K. Jothi, 4-44, M.R. Radha Road, Puthuppakkam Thiruporur Taluk. 18. The Chief Election Commissioner, Secretariat, Fort St.George, Chennai-9.—Respondents. (Respondents 1 & 18 herein are struck off from the array of respondents in ELP.No.23 of 2016 as per common order of this Hon’ble Court dated 11.09.2017 made in OA.Nos.369 & 370 of 2017 in ELP.No.23 of 2016) ELP.No.23 of 2016 Election Petition praying that this Hon’ble Court be pleased to (1) Declare that the election held on 16-05-2016 in No.32, Chengalpattu Constituency as null and void (2) Direct the 18th respondent to conduct a fresh election by fixing a date by providing sufficient opportunity along with necessary documents in time. OA.No.926 of 2016 R. Venkatesan, Son of Rengasamy, Nethaji Nagear, Vembakkam, Chengalpattu, Kachipuram District.—Applicant. Versus 1. The Returning Officer cum Revenue Divisional Officer, No. 32, Chengalpattu Assembly Constituency, Chengalpattu. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5 2. S. Ajay, No. 16, Braminar Street, 65, Palur Village & Post, Chengalpattu Taluk 3. R. Kamalakannan, No. 15, 36th Street, AVM Avenue, Virugambakkam, Chennai. 4. D. Murugesan, NVN Street, Anakaputhur, Chennai. 5. M. Varalakshmi, No. 4/8, Varalakshmi Koil Street, Aappur, Chengalapattu Taluk. 6. K. Arumugam, No. 36/36, Maraimalai Panchayat, Sriperumputhur Road, Thirukatchur Village & Post, Chengalpattu Taluk. 7. K. Sancheevinathan, No. 30, First Railway Gate Street, Kilampakkam, Urappakkam, Kanchipuram District. 8. G. Sathishkumar, No. 159A, Railway Colony, Chengalpattu. 9. T. Selvaraj, No. 215, 3rd Street, M.G.R. Nagar, Thenpathi Village, Aauthur Post, Chengalpattu Taluk. 10. S. Muthamil Selvan, 102, SRM Nagar, Kattankolathur Post, Kancheepuram District. 11. S. Kumaran, 8/10, Karpoorchettikulam, Chengalpattu, Kancheepuram District. 6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 12. L. Durairaj, 162, TNHB Koodalur, Singaperumal Koil Via, Chengalpattu Taluk. 13. M. Raffee, 5/215, 6th Main Road, Otteri Extention, Vadaloor, Chennai. 14. K. Varalakshmi, 3/76, Thiruvalluvar Nagar, Mannivakkam, Chengalpattu Taluk. 15. P. Veeramani, Anbagam, Thayar Salai, Panangattupakkam, Kolathur Post, Vandalur Via, Chennai. 16. A. Venkatesan, 187, Mettu Street, Illalur, Thiruporur Taluk. 17. K. Jothi, 4-44, M.,R. Radha Road, Puthuppakkam, Thiruporur Taluk. 18. The Chief Election Commissioner, Secretariat, Fort St. George, Chennai-9.—Respondents. O.A.No. 926 of 2016 The Original Application praying that this Hon’ble Court be pleased to permit the petitioner to amend the second line of para 18 of the Election Petition No.23 of 2016 as ‘‘264 votes’’ instead of ‘‘467 votes’’. O.A.No. 1174 of 2017 M. Varalakshmi, 4/8, Varalakshmi Koil Street, Aappur, Chengalpattu Taluk. Kanchipuram District.—Applicant/5th Respondent. Versus 1. R. Venkatesan, Son of Rengasamy, Nethaji Nagar, Vembakkam, Chengalpattu, Kanchipuram District—1st Respondent/Petitioner. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7 2. The Returning Officer cum Revenue Divisional Officer, No. 32, Chengalpattu Assembly Constituency, Chengalpattu. 3. Ajay, No. 16, Braminar Street, 65, Palur Village & Post, Chengalpattu Taluk. 4. R. Kamalakannan, No. 15, 36th Street, AVM Avenue, Virugambakkam, Chennai. 5. D. Murugesan, 6, NVN Street, Anakaputhur, Chennai—Respondents 2 to 5/Respondents 1 to 4. 6. K. Arumugam, 36/36, Maraimalai Panchayat, Sriperumputhur Road, Thirukatchur Village & Post, Chengalpattu Taluk. 7. K. Sancheevinathan, No. 30, First Railway Gate Street, Kilampakkam, Urapakkam, Kanchipuram District. 8. G. Sathishkumar, No. 159A, Railway Colony, Chengalpattu. 9. T. Selvaraj, No. 215, 3rd Street, M.G.R. Nagar, Thenpathi Village, Aathur Post, Chengalpattu Taluk. 10. S. Muthamil Selvan, 102, SRM Nagar, Kattankolathur Post, Kancheepuram District. 8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11. S. Kumaran, 8/10, Karpoorchettikulam, Chengalpattu, Kancheepuram District. 12. L. Durairaj, 162, TNHB, Koodalur, Singaperumal Koil Via, Chengalpattu Taluk. 13. M. Raffee, 5/215, 6th Main Road, Otteri Extension, Vandaloor, Chennai. 14. K. Varalakshmi, 3/76, Thiruvalluvar Nagar, Mannivakkam, Chengalpattu Taluk. 15. P. Veeramani, Anbagam, Thayar Salai, Panangattupakkam, Kolathur Post, Vandalur via, Chennai. 16. A. Venkatesan, 187, Mettu Street, Illalur, Thiruporur Taluk. 17. K. Jothi, 4-44, M.R. Radha Road, Puthuppakkam Thiruporur Taluk, Kanchipuram District. 18. The Chief Election Commissioner, Secretariat, Fort St.George, Chennai-9.—Respondents. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9 (Respondents 2 & 18 Struck off by the order of this Hon’ble Court dated 11-09-2017 made in OA.Nos.369 & 370 of 2017 in ELP. No. 23 of 2016) o.a. No. 1174 of 2017 This Original Application praying that this Hon’ble Court be pleased to reject the Election Petition No. 23/2016. The above Original Application No. 1174 of 2017 in ELP. No. 23/2016 having been heard on 11-09-2018 before this Court in the presence of Mr. R. Neelakandan, advocate for the Applicant/5th Respondent and Mr. S. Anbazhagan, Advocate for the 1st Respondent/Election Petitioner and upon reading the Judges Summon and Affidavit of M. Varalakshmi, filed in OA.No. 1174 of 2017 and the Counter affidavit of R. Venkatesan, filed in OA.No. 1174 of 2017 and upon reading the Election Petition filed herein and this court having stood over for consideration till this date and coming on this day before this court for orders in the presence of the above said advocates. the Court made the following order:- The 5th respondent in the Election Petition/Returned candidate is the applicant herein. The above application is filed under Order 7 Rule 11 C.P.C. to reject the Election Petition. 2. The case of the applicant is as follows: (i) In the General Election to Tamilnadu Legislative Assembly held on 16-05-2016, she contested as a candidate of Dravida Munnetra Kazhagam party in No. 32, Chengalpattu Constituency and returned successfully. The Election Petition is not at all maintainable since the prayer in the Election Petition is not available to be prayed by the election petitioner as per the provisions of the Representation of the People Act. The election petitioner only seeks to declare the election as null and void and to conduct fresh election. Such prayer is not is consonance with the sections under which the above election petition is filed. Nowhere in the election petition, the election petitioner has pleaded that the election of the returned candidate has been materially affected. Such mandatory requirement is totally absent and thus, the election petition is liable to be rejected. The election petitioner alleged violation of rules without even mentioning of which rules. Nothing is stated that such alleged violation materially affected
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