JUDGMENT

R.M. Lodha, J.—

The unsuccessful election petitioner is in appeal aggrieved by the judgment dated March 28, 2006 of the Madras High Court whereby his election petition in challenging the election of respondent no. 2 has been dismissed.

2. The appellant (hereinafter referred, ‘the petitioner’) is an electorate of No. 7, Vellore Parliamentary Constituency, having electoral No. 555 in the electoral list. General Elections to constitute the 14th Lok Sabha took place in the months of April-May, 2004. To represent the said constituency, 19 candidates contested election; K.M. Khader Mohideen being one of them. The petitioner is the general secretary of Dravida Muslim Munnertra Kazhagam. This party supported AIADMK candidates in the 14th Parliamentary election in Tamil Nadu.

3. K.M. Khader Mohideen contested the 14th Lok Sabha elections, on the symbol of DMK party. The polling took place on May 10, 2004 and the results were declared on May 13, 2004. He was declared elected from No. 7, Vellore Parliamentary Constituency. We shall refer him hereinafter, ‘returned candidate’.

4. The petitioner challenged the election of the returned candidate by filing election petition on the ground