MOHAN
Thangaraj – Appellant
Versus
M. G. Ramachandran and Others – Respondent
These two election petitions, namely, Election Petitions Nos. 3 and 4 of 1985, challenge the election of the first respondent Thiru M.G. Ramachandran from Andipatti Assembly Constituency. E.P. No. 3 of 1985 has been filed by one of the unsuccessful candidates who lost his election by a margin of 3148 votes. E. P. No. 4 of 1985 is by one of the voters. By my order dt/- 14th Aug. 1986, Applications Nos. 4559 and 4560 of 1985 were allowed and several paragraphs of the election petitions were struck out, under Order VIR. 16 of the C.P.C. while paragraphs 24 and 30 were struck out under S.83 of the Representation of the People Act, 1951. Consequently, what remained to be examined were the allegations made in para 16, 17 and 18 of the election petitions. They deal with the scope of the notification issued by the Election Commission of India in S.O. 1111 dated 18th March, 1968 in pursuance of Cl.(a) of Arts.84 and 173 of the Constitution of India. The petitioners would contend that in so far as the first respondent was on the relevant date, confined to bed in Broklyn Hospital in New York, it is only para. 2(c) of the notification that would apply. Further, the Election Commiss
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