Election petitions must be filed under the relevant statutory provisions, and failure to comply results in dismissal.

ORDER :

1. The revision petitioner herein challenged the election of Thiru.E.Iyyappan as councilor for the 11^th ward of Sambavar Vadakarai Town Panchayat. The election was held on 19.02.2022 and results were declared on 22.02.2022. The El.OP was filed before the Principal District Judge, Tirunelveli and it was later transferred to the file of the Additional District Judge, Tirunelveli and renumbered as El.O.P.No.65 of 2022. The revision petitioner examined himself as P.W.1 and marked Ex.P.1 to Ex.P.9. The winning candidate neither adduced any evidence nor marked any document. The executive officer of the local body(R5) examined herself as R.W. 1. After considering the evidence on record, the learned Additional District Judge, Thenkasi vide order dated 19.01.2024 dismissed El.O.P.No.65 of 2022. Challenging the same, this civil revision petition came to be filed.

2. During the pendency of this revision petition, it was reported that the first respondent passed away. His legal heir (wife), Isakkiammal, was suo motu impleaded vide order dated 04.09.2024. The learned counsel appearing for the revision petitioner impugned the reasons assigned by the Court below for dismissing the election petition. One of the reasons for dismissal is that the petition was not filed under the relevant provisions of the Tamil Nadu District Municipalities Act. The learned counsel submitted that a mere wrong quoting of a legal provision is only a curable irregularity and it would not go to the root of the matter. He pointed out that the claim of the revision petitioner that the winning candidate had filed a false affidavit had been proved. The nomination form filed by the first respondent before the returning officer ought not to have been accepted. According to the learned counsel, this was a case of improper acceptance of the nomination form. He called upon this Court to set aside the impugned order and declare the revision petitioner as the winning candidate place of the deceased first respondent.

3. Per contra, the learned Special Government Pleader as well as the other counsel submitted that the impugned order is well reasoned and that it does not call for any interference.

4. I carefully considered the rival contentions and went through the materials on record.

5. At the very outset, it must be noted that the election was in respect of a ward in Sambavarvadakarai Town Panchayat. As per Section 1(2) of the Tamil Nadu Panchayats Act, 1994, the said Act does not apply to the town panchayats. The town panchayats are governed by the provisions of the Tamil Nadu District Municipalities Act, 1920. Section 51-A of the Tamil Nadu District Municipalities Act, 1920 states that no election of a chairman or a councilor shall be called in question except by an election petition presented to the District Judge of the District within forty-five days from the date of publication of result of the election under Section 27. Section 51-A (2) of the Act states that an election petition may be presented on one or more of the grounds specified in Section 51-B .

6. Rule 118 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 (hereinafter referred to as “Elections Rules 2006”) reads that no election held under the Tamil Nadu District Municipalities Act, 1920 shall be called in question except by an election petition presented in accordance with the relevant section of the Act and Elections Rules 2006. Rule 120 of the Elections Rules 2006 states that an election petition shall be presented on one or more grounds specified in the Act. Rule 124(2) of the Elections Rules 2006 states that if the provisions of Rules 119 to 122 are not applied, the Election Court shall dismiss the petition.

7. The Hon'ble Supreme Court in the decision reported in Kanimozhi Karunanidhi Vs. A. Santhana Kumar, 2023 SCC OnLine SC 573 had held that an election petition is a serious matter and it cannot be treated lightly or in a fanciful man