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MADRAS HIGH COURT
S. Manikumar, J
Mr. K. K. Ramesh – Appellant
Versus
Chief Election Officer (CEO), Tamil Nadu – Respondent
Headnote: Read headnote
1. Mr. K. K. Ramesh, an independent candidate for 32 Madurai Parliamentary Constituency, Madurai, has filed the instant writ petition for a writ of mandamus, directing the Chief Election Officer (CEO), Tamil Nadu, Chennai and the Returning Officer, 32 Madurai Parliamentary Constituency and District Collector, Madurai, respondents 2 and 3 respectively, to cancel or postpone the 32 Madurai Parliamentary Constituency Election to be held on 18.04.2019 due to heavy supplying of cash for vote and crores and crores of money spend by AIADMK and DMK, by preparing false account statements produced before the Election Commission.
2. Reasons cited in the supporting affidavit at paragraph Nos.14 to 16 are as hereunder
"14. I further submit that an unregister Letter Pad Party namely "SOURASHTRA MUNNETTRA KZHAGAM" and AIADMK party has jointly conducted a political meeting on 31.03.2019 at 4.00 pm, at Tamilnadu, Madurai, Teppakulam, Sourashtra club peopl
Legislative measures are vital to check the influence of money in electoral processes.
The burden of proving corrupt practices is on the petitioner, and concrete evidence is required to establish allegations of corrupt practices and non-disclosure of expenses.
The court ruled that allegations of exceeding election expenditure limits were not substantiated, emphasizing the election petitioner's burden to prove corrupt practices beyond reasonable doubt.
The election petition must contain concise material facts and full particulars of any corrupt practice, and failure to disclose even a single material fact would entail dismissal of the election peti....
The assertion of illegal votes without substantial evidence fails to establish a justiciable claim; a petitioner must first demand justice from relevant authorities before seeking judicial interventi....
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