Senthilbalaji V. vs A. P. Geetha - 2023 Supreme(SC) 563

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2023 Supreme(SC) 563

ABHAY S. OKA, RAJESH BINDAL
Senthilbalaji V. – Appellant
Versus
A. P. Geetha – Respondent

Advocates appeared:
For the Appellant :Mr. Senthil Jagadeesan, Advocate, Ms. Sonakshi Malhan, Advocate, Mr. Sajal Jain, Advocate
For the Respondent:Mr. Balaji Srinivasan, Advocate, Mr. A. Lakshminarayanan, Advocate, Mr. Raghu, Advocate, Mr. K.kathiresan, Advocate, Mr. Devamshu Behl, Advocate, Mr. Scv Vimal Pani, Advocate, Mr. Amit Sharma, Advocate, Mr. Dipesh Sinha, Advocate, Ms. Pallavi Barua, Advocate, Ms. Sakshi Upadhyaya, Advocate, Ms. Aparna Singh, Advocate, Mrs. Deepa. S, Advocate, Mr. Sheikh F Kalia, Advocate, Ms. Divya Singh, Advocate, Mr. D.Kumanan, Advocate

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JUDGMENT

Abhay S. Oka, J. -

FACTUAL ASPECTS

1. These appeals arise out of an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951 (for short, 'the RP Act of 1951'). The Election Petition was filed by the first respondent in the Madras High Court questioning the validity of the election of 134 -Aravakurichi Assembly Constituency (for short, 'the said Constituency'). Polling was held on 19th November 2016 and the result was declared on 22nd November 2016. The present appellant is the 5th respondent in the Election Petition filed by the first respondent. The present appellant was declared as elected. He was polled 88,068 votes. The 6th respondent in the Election Petition (the 6th respondent in this appeal) was polled 64,407 votes. Only 82 voters voted for the first respondent (Election Petitioner).

2. The first ground of challenge in the Election Petition is the improper acceptance of nomination papers of the appellant and the 6t

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