Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan, J
R. Arunagiri – Appellant
Versus
E. Iyyappan – Respondent
ORDER :
1. The revision petitioner herein challenged the election of Thiru.E.Iyyappan as councilor for the 11th 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
Election petitions must be filed under the relevant statutory provisions, and failure to comply results in dismissal.
An election petition must contain specific pleadings to establish a cause of action, and cannot be dismissed at the preliminary stage if such pleadings are present, as the merits of the case should b....
The mandatory requirement for security deposit in election petitions is essential and non-compliance leads to dismissal, emphasizing the procedural integrity governed by the Chhattisgarh Municipaliti....
An election can only be declared void based on substantial evidence and specific grounds enumerated in the governing election rules.
The time spent pursuing an Election Petition in the wrong forum cannot be condoned, and failure to comply with statutory provisions renders the petition void.
The period spent pursuing an Election Petition in the wrong forum cannot be condoned under the Limitation Act, as the Telangana Municipalities Act is a self-contained code governing Election Petition....
The Election Petition must be filed in the correct forum, and time spent in a wrong forum cannot be condoned under the Limitation Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
