High CourtsDivision Bench(2021) 04 MAD CK 0016

M. Sankarasubramanian vs Chief Election Commissioner Election Commission Of India And Ors

Madras High Court · Decided on 1 April 2021

HON’BLE JUDGES
Sanjib Banerjee, CJ · Senthilkumar Ramamoorthy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (MD) No. 7488 Of 2021

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Judgment

6 paragraphs · 196 words

Sanjib Banerjee, CJ

1.

The petitioner says that the nomination papers of the fifth respondent should be rejected and the fifth respondent should be disqualified from participating in the election to the Srivaikuntam Assembly Constituency.

2.

The allegations levelled pertain to suppression of facts regarding dependants in the affidavit filed by the fifth respondent in Form 26. According to the petitioner, the fifth respondent has concealed details that ought to have found place in the relevant affidavit.

3.

Since the elections are to be held on April 06, 2021 and the last day for rejecting nominations is long over, the ballots must have been printed and the process completed by the Election Commission. Any order on the present petition would result in the election at the constituency being countermanded.

4.

Accordingly, no order can be made on this petition and the petitioner is left free to challenge the election to the relevant constituency in accordance with law, if grounds therefor exist.

5.

W.P.(MD) No.7486 of 2021 is disposed of, without going into the merits of the petitioner's allegations. There will be no order as to costs. As a consequence, WMP (MD) No.5660 of 2021 is closed.