JUDGMENT

H.L. Dattu, J. Facts :

1) In the election to Tamil Nadu Legislature Assembly held in May 2006, Rajapalayam constituency was reserved for members of the Scheduled Castes. Appellant, respondent No. 1, and eleven others had contested the elections. The appellant was declared elected. Respondent No. 1 filed election petition inter alia questioning the election of the appellant. The election petition having been allowed by the High Court of Madras, this appeal is filed by the appellant.

2) The Nominations for the Rajapalyam assembly constituency were scrutinized on 21.04.2006 and after scrutiny of the nominations, there were 13 candidates in the fray including the appellant and the respondent no.1. The appellant contested as a candidate from the AIADMK party and was allotted the "two leaves" symbol. The respondent no.1 contested the election as an independent candidate and was allotted the "Finger Ring" symbol. The election for the said constituency was held on 08.05.2006. The result of the election was declared on 11.05.2006 and the appellant was declared as the successful candidate in the elections having secured the highest number of votes.

3) The respondent no.1 [Election Pe