Per V. DHANAPALAN, J.

1. This application is filed under Order 6 Rule 16 C.P.C. read with Section 86 of the Representation of the People Act, 1951, praying to reject and strike off the Election Petition filed by K. Kalaimani, the election petitioner in the Election Petition.

2. Election Petition No. 6 of 2009 has been filed to declare that the rejection of the election petitioner‘s nomination filed for 197, Ilayangudi Assembly Constituency-Tamil Nadu, by the Returning Officer is improper, illegal, void and contrary to the provisions of the , 1951, in short, “the Act”, and the Returning Officer‘s instructions 2009 issued by the Election Commission of India and consequently to set aside the entire election process including the election of the first respondent as returned candidate from 197, Ilayangudi Assembly Constituency.

3. Facts:

3.1. According to the applicant, poll schedule for the bye-election with respect to 197, Ilayangudi Assembly Constituency was notified on 16.7.2009. The first respondent/election petitioner in paragraph No. 1 could state that the following schedule was fixed for the poll:

(a) Date of commencement for filing nomination – 22.7.2009

(b) Last d