JUDGMENT :

Bela M. Trivedi, J.

1. Leave granted.

2. The appellant in both the appeals (hereinafter referred to as the returned candidate) has challenged the legality of the impugned common order dated 19.11.2019 passed by the High Court of Judicature at Madras in Original Application Nos. 929/2019 and 930/2019 filed by the appellant in Election Petition No. 3/2019, whereby the High Court has dismissed both the said applications.

Factual matrix:

3. The factual matrix giving rise to the present appeals are that on 19.03.2019, the nominations were invited pursuant to the notification issued by the Chief Election Commissioner for the elections to the 17th Lok Sabha, scheduled to be held on 18.04.2019. The appellant filed her nomination from No. 36-Thoothukudy Lok Sabha Constituency, along with the affidavit in Form No. 26 as per Rule 4A of the Conduct of Election Rules 1961 (hereinafter referred to as the said Rules). The scrutiny of nomination papers was held by the Returning Officer on 27.03.2019. The elections were held on 18.04.2019 as scheduled, and the appellant was declared elected from the said No. 36 Thoothukudy Lok Sabha Constituency with a margin of 3,47,209 votes on 23.05.2019.

4. The Election petitioner/respondent no. 1 herein claiming to be a voter, has filed the Election Petition being no. 3/2019 before the High Court under Section 80, 80A, 100(1)(d)(iv) of the Representation of the People’s Act, 1951 (hereinafter referred to as the RP Act) seeking declaration that the election of the returned candidate, i.e., the appellant herein, from No. 36, Thoothukudy Lok Sabha Constituency, in the Lok Sabha election conducted pursuant to the notification of the Chief Election Commissioner dated 19.03.2019 was void and liable to be set aside, on the ground that the information sought by the Election Commission of India in regard to the payment of income tax of her spouse was not provided by her in the affidavit – Form no.26 submitted along with the nomination papers, and thus had intentionally suppressed and not disclosed the same to the electors.

5. The precise allegations made in para 5 to 9 of the Election petition read as under:

“5. The petitioner humbly submits that upon perusal of the nomination paper submitted by the 2nd respondent, the returned candidate herein, under Rule 4 of the conduct of election rules 1961, after the dissemination of the same to the public under the Representation of the People Act, it is noticed manifestly that she had failed to furnish the details of the payment of the income tax of her spouse mention in the Tamil language as "THUNAIVAR" namely Aravindan, Citizen of Singapore, in the column requiring to provide the PAN number, the last financial year of filing the Income Tax Return and the total income shown in the income tax return for the past five financial years, for each year in Rupees, in the affidavit FORM 26, under Part A, No. 4 S. No. 2, by mentioning in Tamil language "PORUTHATHU" which information is to be mandatory furnished by the returned candidate in adherence to the information sought by the Election Commission of India in exercise of the statutory powers, conferred under Article 324 of the Constitution of India and suppression of the same by the returned candidate in non-compliance with the provisions of the constitution of India, the result of the election is materially affected.

6. The petitioner humbly submits that in S.No. 3 of Part-B in the affidavit Form 26 the 2nd respondent had provided the information in regard to the constituency Number, name and State as No. 36, Thoothukudi, Tamilnadu, but whereas in Part A No. 2, she mentioned that her electoral constituency is No. 19 CHEPAUK, Tamil Nadu, exposes the improper submission of nomination form.

7. The petitioner humbly submits that having aggrieved against the unconstitutional act of the 2nd respondent the returned candidate, inasmuch as of which the electors of the constituency are unable to have information regarding the income