IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 06-03-2025 PRONOUNCED ON: 18.03.2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN O.A.No.128 of 2025 in ELP NO. 5 of 2024 Anniyur Siva @ Sivashanmugam.A Petitioner(s)

Vs

1.M.Rajamanickam S/o.Maasaanam, No.124, Koovanur, Pillur Post, Sivagangai - 630 561.

2.Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi- 110 001.

3. Chief Electoral Officer Public Elections Department, Secretariat, Fort St.

George, Chennai - 600 009.

4. Returning Officer

75-Vikravandi Assembly Constituency, Vikravandi Taluk Office, Villupuram District – 605652

5. Mahendiran S/o.Subiramani, 364, Vinayagar Koil Street, Saalaiyaampalayam, Villupuram 605608

6. S. Sekar S/o.Subiramani, No.70, Aasaakulam, Saalaamedu, Villupuram 605 401

7. S. Ulaganathan S/o.Sagadevan, No.44/50, Vanniyar Street, Poonthottam, Villupuram 605 602

8. S. Vijaya W/o.Selvaraj, No.3/2523, Bhuvaneswari Colony, Sakkimangalam, Illamanur Main Road, Illamanur, Madurai 625 201

9. K. Raja Stalin S/o.N.Kandasamy, No.1/77, North Street, U. Nemili Village, Pandoor Post, Ulundurpet Taluk, Kallakurichi Dt 606 102

10. J. Janardhanan S/o.Jayaraman, No.28/16, Ayyasamy Cross Street, Tindivanam Taluk, Villupuram District

604 001.

11. Dr.A.V.Narendiran S/o.A.Varadappan, No.6, First Street, E.S.T. Nagar, Podaturpet, Pallipettu Taluk, Tiruvallur District 631 208.

12. Dr.K. Padmarajan S/o.K..Kunchambu Nair, No.3/3 - 23 A, Padma Nivas Building, Raman Nagar Post, Mettur Dam -

636 403 Salem District.

13. Agni Alwar S/o. Nallappan, No.6, Nagamarai Main Road, Nagamarai Pudur, Nagamarai Post, Pennagaram 636 810 Dharmapuri Dt.

14. S. Muthiah S/o.Srinivasan, No.9/7, Mottaiyan Street, Tindivanam, Villupuram 604001

15. K.Santhamoorthy No.4, Murugan Kovil Street, Vinayagapuram, Semangalam, Vanur Taluk, Villupuram District 605109.

Respondent(s)

PRAYER: This Application has been filed to reject the Election Petition no.5 of 2024 on the file of this Court under the Representation of the People Act, 1951.

For Petitioner(s):

M/s. N.R.Elango, Sr.counsel for Mr.A.S.Aswin Prasanna For Respondent(s):

M/s. T.Sivagnanasambandan for R1

ORDER

This petition has been filed to reject the election petition in E.L.P.No.5 of 2024 filed by the first respondent herein.

2.The first respondent filed E.L.P.No.5 of 2024 for declaration, to declare that the rejection of his nomination filed for the Tamil Nadu Legislative Assembly Constituency no.75, Vikravandi Constituency on 24.06.2024 as illegal and also for declaration, to declare 'acceptance of the nomination filed by the petitioner herein for the Tamil Nadu Legislative Assembly by election to No.75, Vikravandi Constituency on 24.06.2024 as illegal'. The petitioner also sought for the following prayers, viz., (i) To declare that the rejection of the nomination of the petitioner, filed in the Tamil Nadu Legislative Assembly Bye election to no.75- Vikravandi Assembly Constituency on 24.06.2024 is unjust, illegal, invalid and against the Statutory Law, R.P.Act, and thereof.

(ii)to declare that the acceptance of Nomination th filed by the 4 respondent in the Tamil Nadu Legislative Assembly Bye election to no.75- Vikravandi Assembly Constituency on 24.06.2024 is illegal and against the Statutory law, R.P.Act, and thereof.

(iii)to declare that the non-submissions of accounts th by the 4 respondent as per Section 77 of R.P.Act, 1951, is violative of R.P.Act, is disqualify as per Section 10-A of the R.P.Act.

(iv) to declare that the election held on 10.07.2024, th results announced and declare of the 4 respondent as elected on 13.07.2024 to no.75- Vikravandi Assembly Constituency Bye election of Tamil Nadu Legislative Assembly.

th

3.Pending the election petition, the petitioner who is the 4 respondent in the election petition filed this petition to reject the election petition on the ground that the election petition has not filed as per the mandatory provisions under Section 83 of the Representation of the People Act, 1951(