B.Manjula Devi v. P.Kavitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)Nos.2341 of 2025 B.Manjula Devi ... Petitioner/Petitioner/ 1st Respondent Vs.

1.P.Kavitha ... Respondent/1st Respondent/ Petitioner 2.The Assistant Returning Officer, K.Abhishekapuram Division, Urban Local Body Elections to Tamilnadu 2022, O/o the Assistant Returning Officer/Assistant Commissioner, Tiruchirapalli City Corporation, Tiruchirapalli.

3.The Returning Officer, Tiruchirapalli City Municipal Corporation, Urban Local Body Elections to Tamilnadu 2022, O/o The Returning Officer/ Commissioner, Tiruchirapalli City Corporation, Tiruchirapalli.

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4.Tamil Nadu State Election Commissioner, Tamil Nadu State Election Commission, 208/2, Jawaharlal Nehru Salai, Opp to Koyembedu Bus Terminal, Arumbakkam, Chennai-600 106.

Respondents/Respondents 2-4/ Respondents 2-4 PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order, dated 25.01.2025 in I.A.No. 15 of 2024 in Elec.O.P.Mo.107 of 2022 on the file of Principal District Judge, Tiruchirappali.

For Petitioner : Mr.S.Venkatesh For R1 : Mr.M.Saravanan For R2 & R3 : Mr.K.R.Kishore Ram for M/s.K.B.Law Associates For R4 : Mr.S.P.Maharajan Special Government Pleader

ORDER

The 1st respondent / returned candidate in Elec.O.P.No.107 of 2022 on the file of Principal District Court, Tiruchirappalli is the revision petitioner herein.

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2. The said Election Petition has been filed by the 1st respondent in the revision petition challenging the election of the revision petitioner to Ward No.56 of Karumandapam, Tiruchirappalli Corporation in respect of Local Body Election, 2022.

3. The allegation of the election petitioner is that the returned candidate has cast two votes in two different polling booths falling under the same Ward and therefore, the returned candidate has committed corrupt practice. Evidence on either side was closed and Election Petition was posted for arguments. At that stage, the returned candidate/petitioner has filed I.A.No.15 of 2024 to reopen the same in order to mark certain documents. This application has been dismissed by the trial Court. Aggrieved over the same, the present revision petition has been filed.

4. According to the learned counsel appearing for the revision petitioner, various adverse remarks have been made as against the revision petitioner and therefore, that would affect the main Election Petition. In fact, he has not admitted the casting of two votes in two 3/6

different booths. It has been wrongly interpreted by the Principal District Court, Tiruchirappali.

5. Per contra, the learned counsel appearing for the respondents have contended that the present application has been filed belatedly and therefore, the trial Court has rightly rejected the said application.

6. I have carefully considered the submissions made on either side and perused the material records.

7. The primary grievance of the revision petitioner is that various adverse remarks have been made as against the petitioner. That apart, there is also an observation that the returned candidate has admitted that he had cast two votes in two different booths. However, this Court is not inclined to entertain the present revision petition in view of the fact that the same has been filed at the argument stage. The Principal District Court, Tiruchirappalli is directed to dispose of the main Election Petition on or before 30.04.2025, without being influenced by any one of the adverse remarks made in I.A.No.15 of 2024. This Court is of the opinion 4/6

that the adverse remarks are not warranted for the purposes of disposal of I.A.No.15 of 2024.

8. With the said observations, this Civil Revision Petition stands disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

17.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Principal District Court, Tiruchirappali.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 17.02.2025 6/6