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2024 Supreme(Online)(MAD) 13547

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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