V.Dhanapalan, J.

1. This Election Petition has been filed, praying for a declaration that the rejection of nomination of the Petitioner filed for 197-Ilayangudi Assembly Constituency, Tamil Nadu, by the Returning Officer, is improper, illegal, void and contrary to the provisions of the Representation of the People Act, 1951, and the Returning Officers Instructions, 2009, issued by the Election Commission of India, and to set aside the entire election process including the election of First Respondent as returned candidate.

2. The case of the Petitioner goes thus:

2.1. Election Commission of India, in short, “ECT”, announced and notified the poll schedule on 16.7.2009 for by elections to Tamil Nadu legislative Assembly for 78 Bargur, 103 Thondamuthur, 134 Kambam, 197 Ilayangudi and 226 Srivaikundam Assembly Constituencies. The date of filing nomination was on 22.7.2009, last date for filing nomination was on 29.7.2009, scrutiny of nomination was on 30.7.2009, last date of withdrawal was 1.8.2009; date of election was 18.8.2009 and the date of counting of votes and declaration of result was on 21.8.2009.

2.2. Petitioner filed his nomination with the Returning Officer of