The court ruled that the petitioner failed to substantiate allegations of corrupt practices and irregularities in the election process, leading to the dismissal of the election petition.

ORDER

Challenging the election of the 1^st respondent as the returned candidate of No.53, Krishnagiri Assembly Constituency, the petitioner is before this Court.

2. The petitioner has sought the following reliefs:

i) Declare the election of the 1^st respondent to No.53, Krishnagiri Assembly Constituency in the State of Tamil Nadu on 02.05.2021 as illegal, void and liable to be set aside.

ii) Declare the petitioner herein as duly elected to the No.53, Krishnagiri Assembly Constituency in State of Tamil Nadu with effect from 02.05.2021 and

iii) Direct the 1^st respondent to pay the cost of the petition.

3. Petitioner's case:

(i) It is the case of the petitioner that he belongs to Dravida Munnetra Kazhagam (hereinafter referred to as "DMK party") and has been a resident of Velgalahally Village having been born there. The petitioner has been active in the political arena since his young age having been inspired by great leaders like Periyar, Perarignar Anna and Dr. Kalaignar M.Karunanidhi. The petitioner, therefore, devoted himself to achieving the objects and philosophies of the DMK party. He has been holding various posts in the party and has successfully contested the last 3 consecutive Tamil Nadu Legislative Elections as the candidate of the DMK party and served as a Member of the Legislative Assembly from the year 2006 to April 2021.

(ii) The General Elections to the 16^th Tamil Nadu Legislative Assembly 2021 (hereinafter referred to as “the Elections”) had been notified on 26.02.2021 by the 15^th respondent through a press release of the same day. The following was the schedule for the Elections:

(iii) The petitioner was fielded as the candidate of the DMK Party for the 53, Krishnagiri Assembly Constituency on 12.03.2021 and he was contesting under the symbol 'Rising Sun” which is the party symbol. The petitioner has filed his nomination papers on 17.03.2021 and the nomination was accepted after scrutiny on 23.03.2021. The 1^st respondent was fielded by the All India Anna Dravida Munnetra Kazhagam (hereinafter referred to as “AIADMK Party” as the party's candidate. After scrutiny of the nominations, the following list of candidates qualified to contest the elections and given below are their names, their party name and symbol:-

(iv) The petitioner's son S.Tamilselvan was his Chief Election Agent . The elections to 233 Constituencies including the Krishnagiri Constituency, hereinafter referred to as “the constituency”, was held on 06.04.2021 and the 1^st respondent had been declared as the returned candidate by the 18^th respondent on 02.05.2021. The 1^st respondent had secured 96,050 votes and the petitioner herein was the next candidate who secured 95256 votes and the margin of victory was just 794 votes. The 18^th respondent, on 02.05.2021, had officially declared the results.

(v) The petitioner seeks to challenge the above election of the 1^st respondent from the Constituency, contending that the election was illegal and was liable to be de