O.A.Nos.773 & 774 of 2023 in E.P.No.3 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 17.10.2023

Pronounced on : 30.10.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

O.A.Nos.773 & 774 of 2023

in

E.P.No.3 of 2021

M.Palaniappan

... Applicant/Petitioner in both Applications

Vs.

1.Vijayabaskar. C

2.Alaguraja. V

3.Azhagumeena. P

4.Arumugam. P

5.Karthi Prabhakaran. O

6.Saravanan. R

7.Senthil Kumar. P

8.Vijay. A

9.Abdul Nazar. K

10.Elayaraja. R

11.Syed Mohamed. J

12.Dhanalakshmi. M

13.Thiruventhiran. V

14.Palanisamy. A

15.Balasubramanian. M

16.Manikandan. K

17.Manikandan. C

18.Ramesh. M

19.Rameshkumar. P

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O.A.Nos.773 & 774 of 2023 in E.P.No.3 of 2021

20.Rajavarman. R

21.Jothivel. A

22.The Election Commission of India

Represented by its Chief Election Commissioner,

Nirvachan Sadan, Ashoka Road,

New Delhi – 110 001.

23.The Chief Electoral Officer, Tamil Nadu

Election Commission of India,

Public (Elections) Department, Secretariat,

Fort St. George,

Chennai – 600 009.

24.The District Collector -cum-

District Returning Officer,

District Collector Office,

Pudukkottai District,

Tamil Nadu – 622 005.

25.The Returning Officer

179-Viralimalai Assembly Constituency,

Illuppur Taluk,

Pudukkotai District,

Tamil Nadu – 622 102.

26.Dhandayudhapani,

The Returning Officer/Revenue Divisional Officer (RDO)

179 – Viralimalai Assembly Constituency,

Illuppur Taluk,

Pudukkotai District,

Tamil Nadu – 622 102.

27.Janaki

DRO -cum- Election Nodal Officer

for 179 – Viralimalai Assembly Constituency

and Kantharvakottai

District Collector Office,

Pudukottai – 622 005.

... Respondents / Respondents in both Applications

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O.A.Nos.773 & 774 of 2023 in E.P.No.3 of 2021

Prayer in O.A.No.773 of 2023:- This application filed under Order XIV

Rule 8 of O.S Rules R/w. Section 65B of the Indian Evidence Act, 1872

and Section 151 of CPC, 1908, praying to receive the documents as

electronic evidence along with respective certificates under Section 65B

of the Indian Evidence Act, 1872.

Prayer in O.A.No.774 of 2023:- This application filed under Order XIV

Rule 8 of O.S Rules R/w. Section 65B of the Indian Evidence Act, 1872

and Section 151 of CPC, 1908, praying to receive the documents as

secondary evidence.

For Petitioner

: Mr.P.Richardson Wilson, in both Applns.

For R1

: Mr.B.Aravind Srevatsa, in both Applns.

COMMON ORDER

Both these applications have been filed by the petitioner in

Elp.No.3 of 2021.

2.In O.A.No.773 of 2023, the petitioner seeks permission to

receive documents as electronic evidence along with certificates under

Section 65B of the Indian Evidence Act, 1872 and to permit the applicant

to mark the documents on his side in the election petition.

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O.A.Nos.773 & 774 of 2023 in E.P.No.3 of 2021

3.In O.A.No.774 of 2023, the petitioner seeks permission of this

Court to receive documents as secondary evidence.

4.In both the applications, a common affidavit had been filed and a

common counter had been filed. Even though the reliefs are different,

since they surround the same issues of admissibility of documents

marked during the course of evidence and the documents also overlap to

a little extent, a common order is passed.

5.In the affidavit filed in support of the applications, it had been

stated that the petitioner had been examined as PW-1 and during the

course of his examination, he had marked Exs.P1 to P54. Some of the

documents were xerox copies and some of the documents were

electronically generated documents. It is stated that in his proof affidavit,

he had given necessary explanation, as to why secondary evidence had

been produced and also about the nature of evidence, which had been

electronically generated. It had also been stated that while the documents

were marked o