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2023 Supreme(SC) 468

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.

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