An election petition without material facts relating to a corrupt practice is not valid, and once the charge of corrupt practice fails, the election petition is rendered infructuous due to the end of the old assembly term and the holding of fresh elections.

JUDGMENT

These original applications have been filed for the following relief:

(i) O.A.No.560 of 2021 to strike off Paragraph Nos.7 to 27 & 29 in the Election Petition No.17 / 2016 as unnecessary, frivolous, vexatious and not existing or surviving as on this date, in view of the applicant's term as Returned Candidate from No.215, Tiruchendur Constituency has come to an end due to the General Tamil Nadu State Assembly Election held in the month of 6th April, 2021.

(ii) O.A.No.561 of 2021 to reject the Election Petition No.17 of 2016 filed by the petitioner and consequently, dismiss the same.

(iii) O.A.No.562 of 2021 to dismiss E.L.P.No.17 of 2016 as infructuous in view of 16th General Election held for Tamil Nadu Legislative Assembly including for the Tiruchendur Assembly Constituency on 6th April, 2021.

For the sake of convenience, the array of parties in the original applications have been adopted.

2. The first respondent / election petitioner has filed ELP No.17 of 2016 under Sections 80, 80A, 81, 83, 84, 100 (1)(d)(i), 125A of Representation of Peoples Act 1951 [in short “RP Act”], Rules 4, 4A, 8 and 10 of the Conduct of Election Rules, 1961 to declare that election of the returned candidate, namely the applicant herein from No.215, Tiruchendur Legislative Assembly Constituency, Thoothukudi District, Tamil Nadu held on 16.05.2016, in which results have been declared on 19.05.2016, as void.

BRIEF FACTS OF THE CASE

3. The applicant was elected from No.215, Tiruchendur Assembly Constituency in the 15th General Assembly Election held on 16.05.2016 and he was declared as a successful returned candidate from the said Constituency on 19.05.2016. The first respondent/election petitioner, being a voter and a Law Graduate, has filed the present election petition questioning the acceptance of the applicant's nomination dated 25.04.2016 by the Returning Officer of Tiruchendur Assembly Constituency on the following two grounds:

(i) Insufficient disclosure of educational qualification and

(ii) Incomplete information of criminal antecedents.

4. The brief case of the applicant, as averred in the affidavit filed in support of O.A.No.560 of 2021, are as follows:

4.1. The applicant was sponsored by the political party “Dravida Munnetra Kazhagam” as a candidate to contest the election from No.215, Tiruchendur Assembly Constituency in the election scheduled on 16.05.2016. The applicant filed duly filled nomination by furnishing necessary details along with the affidavit in Form No.26, as per the directive of the Election Commission of India.

4.2. The nomination filed by the applicant on 25.04.2016 was taken up by the Returning Officer of Tiruchendur Constituency for scrutiny on 30.04.2016, along with the nominations filed by other candidates. The Returning Officer, after verifying the contents disclosed by the applicant in the affidavit filed in Form No.26 filed along with the nomination, accepted the nomination.

4.3. According to the applicant, he has clearly disclosed and revealed the details of the criminal cases pending against him in the appropriate columns stipulated in Clause 5(i)(a) 4 cases, 5(i)(b) 4 cases, 5(i)(c) 4 cases in Form 26 Affidavit, which is sufficient for the voters of Tiruchendur Assembly Constituency, to know about the details of criminal antecedents of the applicant. According to the applicant, in the affidavit in Form 26, he has furnished the following criminal cases in Crime Nos.4/06, 67/2011, 185/2011 and 187/2011, which are pending at different stages before the Principal District Judge Court and Special Court for trial of MP/MLA cases in SC.Nos.3/2019, 139/2019, 14/2019 and 140/2019.

4.4. According to the applicant, he has fairly disclosed all the details of criminal cases in the nomination form filed on 25.04.2016 and contested the election held on 16.05.2016 and successful in the election and th