Material facts contended must be considered at the time of the conduct of the trial and not at the stage of considering the application to reject the election petition.

ORDER :

(Prayer: To strike off the paragraphs 5 to 17 in the election petition no. 3 of 2019.

Prayer: to reject the election petition no.3 of 2019)

Original Applications in O.A.No.929 of 2019 is filed to strike off the Paragraphs 5 to 17 in the Election Petition No.3 of 2019 and O.A.No.930 of 2019 is filed to reject the Election Petition No.3 of 2019. Both the applications are filed by the 2nd respondent in the Election Petition, who was elected in the Thoothukudi Paliamentary Lok Sabha Constituency.

Pleadings of the applicant:

2. The applicant states that the Elections to the 17th Lok Sabha were held on 18.04.2019. The notification of the Election was issued on 19.03.2019, inviting nominations of the candidates for all constituencies including No.36, Thoothukudi Lok Sabha Constituency. As per the schedule of Election, the last date for filing nominations was 26.03.2019. The applicant filed her nomination on 25.03.2019. The date for scrutiny of nomination was 27.03.2019 and the Returning Officer, on being satisfied that the papers submitted by the applicant was in order, accepted the nomination. The date of polling was 18.04.2019 and the Election results were declared on 23.05.2019. The applicant was declared as Elected candidate on 23.05.2019 and the Returning Officer issued Election Certificate on the same date.

3. The applicant states that she was sponsored by the Dravida Munnetra Kazhagam (DMK) Party to contest from the No.36, Thoothukudi Lok Sabha Constituency in the DMK party symbol of “Rising Sun”. The 1st respondent/Election Petitioner has filed the Election Petition in his capacity as a voter. The Election Petition is sought to be rejected mainly on the ground that the averments contained in the Election Petition are wholly vague, and bereft of material facts and therefore, do not meet the requirements of Sections 81, 83, 86 and 100 of the Representation of Peoples Act, 1951. A Bare reading of the Election Petition does not disclose any cause of action against the applicant for filing the above Election Petition. Thus, no ground is made out by the 1st respondent/Election Petitioner to assail the election of the applicant. It is further contended that the Election Petition is not supported by any corrupt practice affidavit as mandated by Rule 94-A of the Conduct of Elections Rules, 1961. Thus, the Election Petition deserved to be rejected in limine. Besides, para 2 to 17 deserve to be struck off.

4. It is contended that paragraphs 1 and 2 are concerned, they are mere description of the petitioner and factual statements. In paragraph 3, the respondent has merely described the issuance of the Election Notification and the filing of nominations. In paragraph 4, there are no averments/allegations against the applicant except the fact that the application filed her nomination on 25.04.2016 and was elected with a margin of 3,47,209 votes, having secured 5,63,143 votes in total. Paragraph 5, the bereft of material facts and totally vague and as a result, is contrary to Sections 81 to 83 of the Representation of Peoples Act. The material facts are to be pleaded in the Election Petition. However, there is no such material facts available.

5. The applicant states that she had mentioned the words “Porunthathu” in the column requiring to provide the PAN Number, the last financial year of filing the Income Tax Return and the total income shown in the income tax return for the past five financial years of the spouse of the applicant in the affidavit Form 26 and that the suppression of the same amounts to non-compliance of the Constitution of India and the orders made by the Election Commission of India and therefore, materially affecting the result of the election. However, the respondent has not stated any material fact about why the acceptance of the nomination of the applicant was improper nor has substantiated why it amounts to the non-compliance with the provisions of the Constitution of India or how the result of the election is mater