1. The applicant herein is the first respondent in the election petition and also a candidate who was declared elected from Ramanathapuram Parliamentary Constituency. The election petition was presented by the first respondent under Sections 80 to 84, 100(1)(b), 100(1)(d)(i)(ii),(iii),(iv), 123(1),(2),(3) (3-A)(4), 135(1), 135-A(e), 65(1) of the Representation of People Act, 1951 and Rule 54A of the Conduct of Election Rules read with Rule 2 of Madras High Court Election Petition Rules, 1967. The election petition was presented on 12.6.2009 by the first respondent. After scrutiny of papers, the matter was allotted to this Court by the Hon'ble Chief Justice.

2. When the matter came up on 31.8.2009, this Court admitted the election petition and ordered notice to the respondents. All parties were served either through the court or by substituted service. Accordingly, the first respondent, elected candidate, had entered appearance. He had filed the present Application No.6915 of 2009 under Order 14 Rule 8 of O.S. Rules read with Order 6 Rule 16 of CPC to strike off the election petition No.1 of 2009 filed by the first respondent. On notice on this application, a counter affid