O R D E R

This application, has been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'CPC'), to reject the Election Petition in E.L.P.No.8 of 2021. This application has been filed by the first respondent / returned candidate, from Bodinayakanur Legislative Assembly constituency. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Election Petition.

2. The election petitioner claiming himself as an eligible elector from Bodinayakanur Legislative Assembly constituency, has filed this election petition, to declare the election of the first respondent, from Bodinayakanur Legislative Assembly constituency as null and void.

3. The election petition has been filed on the ground that, in the General Election to the Tamil Nadu Legislative Assembly held in April, 2021, the first respondent contested from Bodinayakanur Legislative Assembly constituency as the official candidate of the All India Anna Dravida Munnerta Kazhagam (in short 'AIADMK') and secured 1,00,050 votes and he was declared elected. According to the election petitioner, the first respondent, at the time of filing his nomination papers, suppressed many facts and failed to disclose the assets and liabilities of his wife, Mrs.P.Vijayalakshmi, which amounts to non compliance of the provisions of Sections 33 and 33A of the Representation of People Act, 1951 (hereinafter referred to as the 'Act') r/w Rule 4A of the Conduct of Election Rules, 1961 (hereinafter referred to as the 'Rules').

4. Further according to the election petitioner, on verification of the affidavit furnished by the first respondent in Form 26, along with his nomination papers, the election petitioner came to know about the suppressions and non-disclosure of full particulars of the assets and liabilities of his wife. The allegations made in the election petition, in brief are as follows:

(i) In the affidavit filed in Form 26, at Para 8(i), the first respondent has stated that his wife has given guarantee to the City Union Bank, Mandaveli Branch, Chennai, for the credit facility sanctioned to one M/s.Vijayanth Developers Pvt. Ltd for Rs.12,00,00,000/- (Rupees twelve crores). However, from the Memorandum of extension of equitable mortgage by way of deposit of Title Deeds, executed by her on 22.01.2021 and 10.02.2021, it is reflected that the total bank guarantee given by the wife of the first respondent was Rs.27,50,00,000/- thereby the first respondent has suppressed the liability of his wife to the extent of Rs.15,50,00,000/- in his affidavit.

(ii) In para 7B(i), of the affidavit filed in Form 26, the market value of various properties owned by the first respondent's wife has been shown as Rs.1,21,12,500/-, however, the actual value stated in the bank guarantee given by her before the bank was shown as Rs.13.5 crores. Hence, the first respondent has undervalued the property and wrongly disclosed her assets.

(iii) In the very same paragraph in 7B(i), of the affidavit, with respect to various agricultural lands, the value is shown as Rs.27,51,086/-, however for the very same properties, when it was given as bank guarantee to the bank, the value has been shown as Rs.14 crores. (iv) In paragraph 7B(iv), of the affidavit, in respect of residential building, the survey number has been wrongly given as 4294 instead of 4294/1. That apart, in respect of the above said house property, at the time of purchase, there was no building, but, now it is shown that a 2000 sq.ft. of residential building has been constructed there and thereby huge investment has been made, which has been suppressed.

(v) So far as the non agricultural property situated in S.No.4293/1 at South Agragaram, Periyakulam town, it has been shown as a vacant land, however it was assessed for property tax by the concerned municipality and hence the presence of the building has been suppressed by the first respondent.

(vi) In paragraph 7B, of the affidavit, the first