The Petitioner has filed the present Election Petition before this Court praying for a Declaration that the Election of the 1st Respondent as Returned Candidate on 13.05.2011 from No.13, Kolathur Assembly Constituency as null and void.

2. Summation of Long Germane Factual Matrix of the Election Petition:

2.1. The Petitioner filed his nomination on 24.03.2011 as an official candidate of All India Anna Dravidar Munnetra Kazhagam (AIADMK) in No.13, Kolathur Constituency by contesting the Election in his party symbol “Two Leaves”. As a matter of fact, the 1st Respondent contested the Election and filed his nomination as an official candidate of the Dravidar Munnetra Kazhagam Party (DMK) in his party symbol “Rising Sun”. Further, the Respondents 2 to 26 also filed their nominations and contested the Election from Kolathur Constituency in their respective symbols allotted to them.

2.2. When the Election Commission of India announced the Election Schedule, the 1st Respondent was the Deputy Chief Minister of Tamil Nadu. Moreover, he was powerful as Treasurer of DMK party and was the Leader of Youth Wing. He used his official, his party men and money powers in Kolathur Constituency during the time of Election campaign after filing the nomination. Further, the People of Tamil Nadu is fully aware of the 1st Respondent's party way of bribing the voters through various innovative ways in Thirumangalam by-election and during the Parliament Elections held in the year 2009.

2.3. The 1st Respondent's party, by means of 'Thirumangalam Formula', provided money to the voters in a novel way of 'Community Feedings', Courier Service, Currency in News Paper, Arathi Plate Contributions and slips to the voters to purchase consumer items etc.

2.4. The 1st Respondent/DMK party continued to follow the same method of money for voters, as a policy in Kolathur Constituency with its ill gotten money. The misuse of official and money power at the instance of the 1st Respondent played a dominant role in Kolathur Constituency during the time of entire Election.

2.5. For the 1st Respondent, in Kolathur Constituency, the main Election Manager was the Mayor of Chennai City Municial Corporation (Ma.Subramaniam). Considering the presence of Mayor of Chennai, Chennai Corporation Officials were deployed for Election duty of the 1st Respondent in Kolathur Constituency so as to commit all the illegal acts to ensure his success. Because of the 1st Respondent's position as Deputy Chief Minister, his political power, association with the Mayor of Chennai and the Corporation employees supporters of DMK party literally prevented the Election Commission of India's directives being implemented at the ground level of Kolathur Constituency many misleads and acts committed by them were not taken as a result of by the police even as and when illegal action of the 1st Respondent and his party workers brought to their knowledge. The 1st Respondent's men and the money power were utilised in such a way that the directives of the Election Commission of India could not be implemented at the ground level due to lack of co-operation at all levels, in order to ensure his success.

2.6. The Petitioner perceived a sense of inaction among the polling duty officials deployed from Chennai Corporation including the police force, who failed to take at all times any stringent and strict actions against all kinds of malpractices committed by the 1st Respondent, its election agent and other DMK workers of Kolathur Constituency. Indeed, the 1st Respondent used all his official power and money power through his party functionaries and workers in Kolathur Constituency during the time of election campaign, after filing the nomination. The polling officials including the police force, because of 1st Respondent's political background and official power, never took serious actions against his party funct