HIGH COURT OF MADRAS
Hon`ble Dr Justice ANITA SUMANTH
KISHORE KUMAR – Appellant
Versus
P.K.SEKAR BABU – Respondent
COMMON ORDER
| S.No. | Table of Contents | Page Number |
| I | Introduction and brief description of parties | 5 |
| II | Background including relevant extract of the speeches/statements (referred to in common as ‘statements’/’offending statements’) | 6 |
| III | (i) Maintainability on the anvil of non- joinder and mis-joinder of necessary parties - Rival contentions and conclusion | 12 |
| (ii) Locus of Petitioners to have filed these writ petitions- Rival contentions and conclusion | 17 | |
| (iii) Maintainability to be tested only on the aspect of eligibility qua qualification - Rival contentions and conclusion | 19 | |
| (iv) Is the evidence filed in line with the provisions of Section 65B of the Evidence Act - Rival contentions and conclusion | 22 | |
| IV | Rival contentions and conclusion on (a) whether the offending speeches are in tune with the Constitutional scheme, or do they amount to mis/disinformation and hate speech (b) whether a Writ of quo warranto will lie in view of the prevailing Constitutional scheme | 23 |
| Petitioner’s Submissions (i) | 24 | |
| Reply of the Respondents (ii) | 37 | |
| Conclusions | ||
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