Election Commission Of India v. M.L.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Original Application. No.890 of 2024 in E.P.No.02 of 2024 1.Election Commission of India, Nirvachan Sadan, No.1, Ashoka Road, New Delhi -110 001
2. The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department, Secretariat, Fort St.George, Chennai - 600 009.
3. Returning Officer, No.04 - Chennai Central Loksabha Constituency, Greater Chennai Corporation Zonal Office Shenoy Nagar, Sheena.
... Applicants Vs.
1. M.L.Ravi
2. Dayanidhi Maran ... Respondent 1/4
ORDER
This application has been filed for deleting/striking of respondents 1 to 3 from the Election Petition filed by the petitioner in E.P.No.02 of
2. Section 82 of the Representation of the People Act provides as to who should made as the party in the Election Petition. It has been repeatedly held that, except for those persons mentioned under Section 82 and 86(4)of the Representation of People Act, 1951, no one else can be impleaded as a respondent in the Election Petition.
3. In the considered view of this Court, taking into account the nature of the grievance that has been expressed in the Election Petition and the relief sought for, 1st and 2nd respondents cannot be considered to be either necessary or proper parties to the Election Petition. It will suffice if the 3rd respondent alone is retained as respondent in the Election Petition apart from the contesting respondent namely viz., R4. 2/4
4. In the light of the above discussion, this application is partly allowed and respondents 1 and 2 are deleted/struck of from the array of respondents and the 3rd respondent shall now be arrayed as the 1st respondent and the 4th respondent shall be arrayed as the 2nd respondent in the Election Petition. It is made clear that the 3rd respondent is retained as a respondent in the election petition only for the purpose of calling for records, if required.
21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sma 3/4
N.ANAND VENKATESH,J.
sma Order made in Original Application. No.890 of 2024 21.01.2025 (2/3) 4/4