AJAY RASTOGI, BELA M. TRIVEDI
Kanimozhi Karunanidhi – Appellant
Versus
A. Santhana Kumar – Respondent
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
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Bhikji Keshao Joshi & Anr. v. Brijlal Nandlal Biyani & Ors. AIR 1955 SC 610 [Para 18]
Hardwari Lal v. Kanwal Singh (1972) 1 SCC 214 [Para 27]
Hari Shanker Jain v. Sonia Gandhi 2001 (8) SCC 233 [Para 7]
Harkirat Singh v. Amrinder Singh (2005) 13 SCC 511 [Para 26]
Harmohinder Singh Pradhan v. Ranjeet Singh Talwandi (2005) 5 SCC 46 [Para 26]
Jagan Nath v. Jaswant Singh & Ors. AIR 1954 SC 210 [Para 18]
Jitendra Bahadur Singh v. Krishna Behari (1969) 2 SCC 433 [Para 24]
L.R. Shivaramagowda v. T.M. Chandrashekar (1999) 1 SCC 666 [Para 26]
Mahadeorao Sukaji Shivankar v. Ramaratan Bapu & Ors. 2004 (7) SCC 181 [Para 25]
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Ram Sukh v. Dinesh Aggarwal 2009 (10) SCC 541 [Para 7]
Samant N. Balkrishna v. George Fernandez (1969) 3 SCC 238 : (1969) 3 SCR 603 [Paras 7
Sudarsha Avasthi v. Shiv Pal Singh (2008) 7 SCC 604 [Para 26]
Udhav Singh v. Madhav Rao Scindia (1977) 1 SCC 511 [Paras 26 & 27]
Union of India v. Association for Democratic Reforms and Another (2002) 5 SCC 294 [Paras 8 & 20]
V.Narayanaswamy v. C.P. Thirunavukkarasu (2000) 2 SCC 294 [Para 26]
V.S. Achuthanandan v. P.J. Francis (1999) 3 SCC 737 [Para 24]
Virender Nath Gautam v. Satpal Singh (2007) 3 SCC 617 [Para 27]
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