The Honourable Chief Justice.

This writ petition has been originally filed seeking a writ of quo warranto to declare that the 1st respondent i.e, Mr.T.T.V.Dinakaran as being disqualified to be a member of the Lok Sabha representing 75 Periyakulam Constituency in Theni District of State of Tamil Nadu, and consequently, for a direction to the Election Commission of India to declare that the above Lok Sabha seat as vacant. During the course of argument when it was pointed out that the writ of quo warranto does not lie and the writ petition is liable to be dismissed on that ground, Dr.Subramanian Swamy has sought to amend the prayer in the writ petition seeking a mandamus to declare the election of the 1st respondent as null and void, and on allowing the said plea of amendment, again arguments were heard.

2. The first respondent is Mr. T.T.V. Dinakaran, who has been elected as a Member of Parliament from Periyakulam Constituency in the Lok Sabha elections during the year 1999. The second respondent is the Election Commission of India and the third respondent is the Secretary General of Lok Sabha. The last date for filing nomination was 24.8.1999 and the election was held on