V. Saroja vs. Duraisamy V. P

SLP(C)Nos.3743-3744/18 1

ITEM NO.19 COURT NO.1 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).3743-3744/2018

(Arising out of impugned final judgment and order dated 07-12-2017 in OA No.270/2017 and OA No.270/2017 passed by the High Court of Judicature at Madras)

V. SAROJA Petitioner(s)

VERSUS

DURAISAMY V.P. & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.17635/2018-EXEMPTION FROM FILING O.T.)

Date : 19-03-2018 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s) Mr.Rakesh Dwivedi, Sr.Adv. Mr.T.Srinivasa Murthy, Adv. Mr.Senthil Jagadeesan, AOR Ms.Shruti Iyer, Adv. Ms.Sonakshi Malhan, Adv. Ms.Suriti Chowdhary, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard Mr.Rakesh Dwivedi, learned senior counsel along with Mr.Senthil Jagadeesan, learned counsel for the petitioner.

The grievance of the petitioner is that the High Court should have struck off the pleadings as prayed for by the petitioner whereas it has struck off only a portion of it. It is contended by Mr.Dwivedi that with regard to the validity of the voters list, the election petition cannot be filed challenging the Digitally signed by CHETAN KUMAR Date: 2018.03.20 17:04:25 TLT Reason: Signature Not Verified

same. In essence, the submission of Mr.Dwivedi is that there is no cause of action to make an election petition maintainable. The said submission is not acceptable to us. We find that there are some allegations which require strict proof and that is in a different realm.

The second submission of Mr.Dwivedi is that the voters list is challenged in an election petition and the High Court shall be unnecessarily getting into it during the trial. Regard being had to the said submission, and without expressing any opinion on the merits of the same, we grant liberty to the petitioner to raise this issue at the appropriate stage before the High Court.

With the aforesaid observation and liberty, the special leave petition stands disposed of.

As a sequel to the above, pending interlocutory application also stands disposed of.

(Chetan Kumar ) (Tapan Kumar Chakraborty) Court Master Court Master