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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE P.VELMURUGAN, J
K.Palanisamy – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
P.Velmurugan, J.
This Criminal Revision Case has been filed by the petitioner to set aside the order passed by the learned Judicial Magistrate No.1, Salem, invoking Section 156(3) of Cr.P.C., in online C.M.P. No.540 of 2023 (C.M.P.No.1302 of 2023) dated 26.04.2023.
2. The short facts of the case are as follows:-
The second respondent filed a private complaint before the learned Judicial Magistrate No.1, Salem, under Sections 190 and 200 of the Cr.P.C. against the petitioner herein under Section 125A of the Representation of the People Act, alleging that on 26.02.2021, the Election Commission of India announced a General Election to the Tamil Nadu State Legislative Assembly, scheduling the poll for 06.04.2021. Subsequently, the contesting candidates filed their nominations with supporting documents before the concerned Returning Officers as per the requirements of the Election Commission of India, within the timeline fixed by them. As per Rule 4 of the Conduct of Election Rules, 1961, a candidate contesting an election must file his nomination paper in Form 2B along with an affidavit in Form 26, in accordance with Section 33(1) and 33A(2) of the Representation of the People Act,
The court affirmed that a social activist can file a complaint regarding electoral integrity, and the limitation period for such complaints was extended due to the COVID-19 pandemic.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
(1) Perjury – Mere reference to inconsistent statements alone is not sufficient to take action unless a definite finding is given that they are irreconcilable. Court must be satisfied that such an in....
Defects in the verification and format of the affidavit are curable and should be addressed during the trial. Non-disclosure and false declaration of educational qualifications could constitute a cor....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
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