JUDGMENT :

(Prayer: Election Petition filed under Sections 64 , 81, 100(1)(d)(iii), 100(1)(d)(iv), 101, 129 and 134 of the Representation of the People Act, 1951, read with Rule 2 of the Madras High Court (Election Petitions Rules, 1967, seeking the following reliefs:

(a). Set aside the election of the 1st respondent as the successfully returned candidate for the 159-Kattumannarkovil (SC) Assembly Constituency on 19.05.2016; and

(b). Pass such further or other order or orders as this Court may deem fit and proper in the circumstances of the case and thereby render justice.)

1. The Election Petition has been filed by the petitioner, Thol.Thirumavalavan, under Sections 64 , 81, 100(1)(d)(iii), 100(1)(d)(iv), 101, 129 and 134 of the Representation of the People Act, 1951, read with Rule 2 of the Madras High Court (Election Petitions) Rules, 1967, seeking the following reliefs:

(a). Set aside the election of the 1st respondent as the successfully returned candidate for the 159-Kattumannarkovil (SC) Assembly Constituency on 19.05.2016; and

(b). Pass such further or other order or orders as this Court may deem fit and proper in the circumstances of the case and thereby render justice.

The Petition:-

2. In the petition, there were originally 10 respondents. The 1st to 9th respondents and the petitioner were the contesting candidates for the State Assembly Elections held on 16.05.2016 for the 159-Kattumannarkovil (SC) Assembly Constituency. The 10th respondent was the Returning Officer of the Constituency. He was functioning as Assistant Commissioner (Excise) Cuddalore. Even before the trail commenced, in the Election Petition, O.A.Nos.333 of 2017 and 304 of 2017 were filed and quite apart from striking off several paragraphs in the Election Petition, the 10th respondent was also given up by the petitioner. This Court had directed amendment by order dated 28.03.2018, with respect to the 10th respondent and by order dated 16.04.2018 with respect to striking off paragraphs 6, 7, 10 and 24.

3. In the Election Petition, the allegations raised relate to the 1st respondent alone and there is not even a whisper regarding the 2nd to 9th respondents. The 1st respondent alone contested this Election Petition. In the Election Petition, it had been stated that the petitioner is the President of the Political Party called Viduthalai Chiruthaigal Katchi (VCK). He was also a Member of Parliament in the 15th Lok Sabha having been elected from the Chidambaram Constituency. He had contested in the 15th Tamil Nadu State Assembly Elections, 2016 from the 159-Kattumannarkovil (SC) Assembly Constituency. The Notification for the Elections was issued by the Election Commission of India on 04.03.2016. The following was the schedule:

4. The petitioner had filed his nomination papers on 27.04.2016 and also paid the Security Deposit amount of Rs.5,000/- (Rupees Five Thousand only). He had also appointed/nominated M.Dhanakodi as his Chief Election Agent. The petitioner had contested under the ‘Ring’ symbol which had been allotted to the VCK party.

5. The 1st respondent was fielded as a candidate by the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party. The petitioner in paragraph No.9 of the petition claimed that there were several instances of money distributions by the 1st respondent to the voters. He also claimed that neither the 10th respondent nor his Officials took any action to implement the guidelines and directives of the Election Commission of India. He claimed that the incidents of such breaches were regularly communic