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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

THURSDAY, THE 17TH DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN

Election Petition No. 8 of 2021

&

O.A.Nos.764 of 2021 & 15 of 2022

ELP No.8 of 2021 & O.A.No.15 of 2022:-

P.Milany

S/o. Ponnuram,

No.7-5-5/9, Sanjay Gandhi,

1st Street, Palani Cheti patti,

Theni Taluk and District - 625 531. .

... Petitioner

-VS-

1.

O. Panneerselvam,

S/o.Mr. Ottakara Thevar,

145/70, South Agraharam,

Thenkarai, Periyakulam - 625 601.

Theni District.

2.

The Returning Officer/Assistant Commissioner (Excise),

200 - Bodinayakanur Assembly Constituency,

Theni District.

3.

The Chief Electoral Officer

State of Tamil Nadu, Secretariat,

Chennai - 600 009.

4.

Election Commission of India,

Represented by Chief Election Commissioner,

Nirvachan Sadan, Ashoka Road,

New Delhi - 110 001.

...Respondents/Respondents

*(Respondents 2 to 4 are struck off from the respondents in ELP.8 of 2021

as per order of this court dated 03.12.2021 made in O.A.No.636 of 2021).

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ELP No.8 of 2021:-

The Election Petition praying that this Hon'ble Court be pleased to

declare the Election of the 1st respondent as elected member of the

legislative assembly from 200- Bodinayakanur assembly constituency in the

assembly election of Tamilnadu 2021 as declared by the 2nd respondent on

03.05.2021 as null and void.

OA.No.15 OF 2022:-

This Original Application praying that this Hon'ble Court be pleased

to grant leave to file and accept the additional documents listed in the

schedule hereunder, on file of Election Petition No.8 of 2021.

O.A.No.764 of 2021:-

O. Panneerselvam,

S/o.Mr. Ottakara Thevar,

145/70, South Agraharam,

Thenkarai, Periyakulam - 625 601.

Theni District.

...Applicant/1^st Respondent

-VS-

1.

P.Milany

S/o. Ponnuram,

No.7-5-5/9, Sanjay Gandhi,

1st Street, Palani Cheti patti,

Theni Taluk and District - 625 531.

...1^st Respondent/ Election

Petitioner

2.

The Returning Officer/Assistant Commissioner (Excise),

200 - Bodinayakanur Assembly Constituency,

Theni District.

3.

The Chief Electoral Officer

State of Tamil Nadu, Secretariat,

3

Chennai - 600 009.

4.

Election Commission of India,

Represented by Chief Election Commissioner,

Nirvachan Sadan, Ashoka Road,

New Delhi - 110 001.

...Respondents/Respondents

This Original Application praying that this Hon'ble Court be pleased

to reject the Election Petition No.8 of 2021 with cost.

The above Election Petition and Original Applications having been

heard on 25/02/2022 in the presence of Mr.M.Joseph Thatheus Jerome,

advocate for the Election Petitioner/Applicant in O.A.No.15 of 2022 and for

the 1^st Respondent in O.A.No.764 of 2021 and Mr.AR.L.Sundaresan, Senior

counsel for M/s.P.Rajalakshmi and G.Prakash Kumar, advocates for the

applicant in O.A.No.764 of 2021 and for the 1^st Respondent in ELP.No.8 of

2021 & O.A.No.15 of 2022; and upon reading the Petition, Affidavit,

Judges Summon and Affidavit of P.Milany filed in Election Petition and

OA.No.15 of 2022 and counter affidavit filed in OA.No.764 of 2021; and

Judge's Summon, Affidavit of O.Panneerselvam filed in OA.No.764 of

2021; and this court having stood over for consideration till this day and

coming on this day before this court for orders in the presence of the above

said advocates and this Court is of the view that the election petition does

not disclose a cause of action and failed to give rise to triable issues and

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it is ordered as follows:-

1. That the Election Petition No.8 of 2021 be and is hereby rejected.

2.That the Original Application No.15 of 2022 in ELP.No.8 of 2021

be and is hereby closed.

3. That there shall be no order as to costs.

WITNESS, THE HON'BLE MR.JUSTICE MUNISHWAR NATH

BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS,

AFORESAID THIS THE 17TH DAY OF MARCH 2022.

Sd./-

ASSISTANT REGISTRAR

Original Side – II

//Certified to be true copy//

Dated at