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2019 Supreme(Mad) 2825
IN THE HIGH COURT OF MADRAS
D. KRISHNAKUMAR, J.
Ku. Ka. Selvam - Appellant
Versus
R. Selvam and Ors. - Respondent
O.A. No. 645, 1219 of 2017 and ELP No. 4 of 2016
Decided On : 08-08-2019
Advocate Appeared:
For the Appellant : N.R. Elango, Senior Counsel for B. Harikrishnan
For the Respondent: R.N. Amarnath
Headnote:
Constitution Of India,1950 - Articles 84, 102, 173 and 191 – Civil Procedure Code,1908 - Order VII - Rule 11 - Government of Union Territories Act, 1963 - sections 4 and 14 – Election - Claim exemption - Petitioner had contested as an independent candidate in Thousand Light Assembly Constituency in the symbol of "ring" allotted by Returning officer second respondent/applicant herein also contested as an official candidate of D.M.K. Party in "Rising Sun" symbol - second respondent applicant herein filed nomination papers as D.M.K. Party Candidate along with affidavit Form Representation of People Act - When scrutiny of nomination papers of candidates who had filed nomination to contest Election Thousand Light Assembly constituency was undertaken by Returning Officer Election petitioner and his agent were present - Election agent third respondent herein who was present there made a written objection to Returning Officer objecting the acceptance of nomination papers filed by second respondent stating that second respondent willfully failed to disclose particulars regarding property owned by him in the affidavit in Form Representation of People Act and further sought for rejection of nomination of second respondent on ground of suppression of material –Held, Election petitioner/first respondent herein is that the aforesaid Trust is not a public trust and it only a private trust - According to counsel appearing for first respondent/Election petitioner - sale deed of Jaya Educational Trust established link between the applicant herein and the sale deed - In support of his contention he specifically submitted that Income Tax Return filed by applicant does not disclose any establishment of Educational institutions - Only transfers of fund from Jaya Educational Trust to other concerns and vice versa is found - According to counsel for the first respondent Jaya Educational trust is not public trust for Charitable or religious purpose - Jaya Educational Trust a private trust Election petitioner/first respondent herein that aforesaid Trust is not public trust and it only a private trust - According counsel appearing for the first respondent/Election petitioner sale deed Jaya Educational Trust established link between the applicant herein and sale deed - In support of his contention he specifically submitted that Income Tax Return filed by the applicant does not disclose any establishment Educational institutions - Only transfers of fund from Jaya Educational Trust to other concerns and vice versa is found - According counsel for first respondent Jaya Educational trust is not a public trust for Charitable or religious purpose - Jaya Educational Trust is private trust Election Petition first respondent herein/Election petitioner has not filed relevant documents along with Election petition - Subsequent to filing of documents by applicant/second respondent by way of filing counter statement Election Petitioner has raised new grounds to declare that said election declared in favour applicant is null and void - Therefore issue raised by the Election Petitioner/First Respondent is and contention of Applicant/Second Respondent accepted - Further on mere allegation without specifically relying upon any document parting with this order relevant to point out that there is no specific column in form of Representation of People Act disclose trust property or income of applicant or in Representation of People - Therefore in purity of public life for electing Returned Candidates this Court suggests Election Commission of India to explore possibility of including a column form Representation of People Act filed along with nomination paper Representation of People Act for purpose of furnishing the details of trust as well as its properties in which the intending candidate is trustee or has an interest - Petition allowed
ORDER :
D. KRISHNAKUMAR, J.
1. The Election Commission of India issued notification to hold General Elections 2016 to the Tamil Nadu Legislative Assembly. The following Election schedule was announced by the Election Commission of India.
1. Filing of nominations from : 23.04.2016
2. Last date for filing nominations : 29.04.2016
3. Scrutiny of nominations : 30.04.2016
4. Date of Election: 16.05.2016
5. Counting of votes : 19.05.2016
The Election petitioner had contested as an independent candidate in Thousand Light Assembly Constituency in the symbol of "ring" allotted by the Returning officer. The second respondent/applicant herein also contested as an official candidate of D.M.K. Party in "Rising Sun" symbol. The second respondent/applicant herein filed nomination papers as a D.M.K. Party Candidate along with affidavit in Form No. 26 of Representation of People Act. When the scrutiny of the nomination papers of the candidates who had filed nomination to contest Election in Thousand Light Assembly constituency was undertaken by the Returning Officer, the Election petitioner and his agent were present. The Election agent of the third respondent herein viz., Thirumaran, who was present there, made a written objection to the Returning Officer, objecting the acceptance of the nomination papers filed by the second respondent stating that the second respondent willfully failed to disclose the particulars regarding the property owned by him in the affidavit in Form 26 of Representation of People Act and further sought for rejection of the nomination of the second respondent on the ground of suppression of material facts. The second respondent/applicant herein through their agent pleaded that the Returning Officer cannot decide the issue raised by the Election agent of the, third respondent and reject the nomination of the second respondent/applicant herein on account of non disclosure of the particulars relating to assets while disclosing the assets in the affidavit in Form 26 of Representation of People Act. The said plea of the applicant was accepted by the Returning Officer and the nomination of the second respondent/applicant herein was accepted by the Returning Officer. According to the election petitioner, agent of the third respondent in Election petition objected that the second respondent/applicant herein failed to disclose in the affidavit in Form 26 of Representation of People Act, the particulars relating to the property for an extent of 10 acres of land, owned by him, comprised in S. Nos. 13/1A1, 13/1A2, 13/1B, 13/2 and 13/3, situated at No. 73, Maduravoyal Village, Ambattur Taluk, Chennai, and having interest in the said land registered as Document No. 4629/97 before S.R.O., Virugambakkam, Chennai. According to the Election petitioner, the aforesaid property, is in the name of Sri Jaya Educational Trust and the second respondent/applicant herein is its Chairman. The said trust is a private trust in which the second respondent/applicant herein is the beneficiary. According to the Election petitioner, the second respondent/applicant herein failed to disclose the particulars relating to the said property owned by him and having interest in it, in the affidavit filed along with the nomination papers. The second respondent/applicant herein' being a Chairman of Sri Jaya Educational Trust had executed a lease deed, dated 21.4.2011 for 10 acres of land, comprised in S. Nos. 13/1A1 and 13/1B, duly registered as Document No. 2235 of 2011, in the office of Sub Registrar, Virugambakkam, in favour of M.G.R. Educational Trust for 15 years from 20.2.2011 and received an income of Rs. 10,000/- towards lease amount as per the lease deed. The aforesaid property is worth about Rs. 150 Crores. Thus, being a trustee, the second respondent/applicant herein is having interest over the said trust and its properties and non disclosure of the afore
