The Chief Electoral Officer v. O.Panneerselvam

OA NO. 881 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN OA NO. 881 of 2024 IN ELP NO. 3 OF 2024 The Chief Electoral Officer State of Tamil Nadu, Secretariate, Chennai - 600 009. and another Applicant(s) Vs O.Panneerselvam S/o.M.Ottakarathevar, No.145/70. South Agragaram, Thenkarai, Peryakulam - 625 601, Theni District and 25 Others Respondent(s) For Applicant(s):

Mr.Nirangan Rajagopalan For Respondent(s): Mr.K.Chandrasekaran for R1; Mr.T.S.Baskaran for R2

ORDER

This application has been filed by the 26th and 27th respondents in the Election Petition seeking to be struck off of as respondents in the Election Petition. 2.In the affidavit filed in support of the Judges Summons, it had been stated that, under Section 82 of the Representation of the People Act, 1951 the contestants in the Election Petition should necessarily be confined to the parties who had contested the election. This https://www.mhc.tn.gov.in/judis

position has been further reiterated by the Hon'ble Supreme Court in AIR 1982 SC 983 in Jyoti Basu & Others vs. Debi Goshal & Others wherin, the Hon'ble Supreme Court had also observed that the persons who had contested the elections, should be parties to the Election Petition and it is not imperative that anybody else is joined as party as respondent. The applicants therefore claim that they should be struck off from the array of the respondents. 3.Heard the learned counsel for the petitioners in the Election Petition also. 4.In view of the provisions of law as stated above and also the pronouncement of the Hon'ble Supreme Court, the petition stands allowed. But however, a caveat is placed, that the applicants herein must always come forward to assist the Court as and when required and as and when called for by this Court. With this observation, this application stands allowed. 24-01-2025 (1/2) ssr https://www.mhc.tn.gov.in/judis