Supreme Court - Daily Orders
B. Manickam Tagore vs V.Vijaya Prabhakaran on 21 April, 2025
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.5370-5371 OF 2025
(Arising out of SLP(C)Nos.10834-10835 of 2025)
B. MANICKAM TAGORE … APPELLANT
Versus
V.VIJAYA PRABHAKARAN & ORS. … RESPONDENTS
O R D E R
1. Leave granted.
2. The appellant, a Returned Candidate from 34 Virudhunagar
Parliamentary Constituency, in the State of Tamil Nadu, is
aggrieved by the order dated 04.03.2025, passed by the High Court
of Judicature at Madras, whereby his two applications; one under
Order VII Rule 11 CPC, to reject the Election Petition No.4/2024,
filed by respondent No.1, and another application under Order VI
Rule 16 CPC to strike off some of the pleadings in the Election
Petition, have been dismissed.
3. We have heard Dr. Abhishek Manu Singhvi, learned Senior
Signature Not Verified
Digitally signed by
Counsel for the appellant as well as Dr. S Muralidhar, learned
SATISH KUMAR YADAV
Date: 2025.04.22
15:24:22 IST
Reason:
Senior Counsel for respondent No.1 and carefully perused the
material placed on record.
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4. During the course of hearing, learned Senior Counsels have
taken us to the averments made in the Election Petition as well as
the contents of the two applications moved by the appellant herein.
In addition, a pointed reference has been made to the facts
disclosed by the appellant in Form-26.
5. On going through the above-stated material, we are satisfied
that both the applications, moved by the appellant, require re-
consideration by the High Court. It seems that some of the
pleadings in the Election Petition are liable to be struck off.
However, whether the entire Election Petition can be rejected on
acceptance of an application under Order VII Rule 11 CPC, is a
debatable issue, which shall be resolved by the High Court afresh
after hearing the parties.
6. Dr. Abhishek Manu Singhvi, learned Senior Counsel for the
appellant submits that instead of pressing all the original grounds
in the application under Order VII Rule 11 CPC, the appellant shall
submit an additional affidavit restricting the grounds which he now
propose to plead before the High Court. A similar opportunity shall
be granted to the Election Petitioner also.
7. We request the High Court to decide both the applications
expeditiously without being influenced by the observations made in
the impugned order.
8. It is also clarified that we have not expressed any opinion on
the merits of the case.
9. The appeals stand disposed of in the above terms.
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10. As a result, the pending interlocutory application also stands
disposed of.
......................……...J.
(SURYA KANT)
..............……......……...J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
APRIL 21, 2025.
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ITEM NO.46 COURT NO.3 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).10834-10835/2025
[Arising out of impugned final judgment and order dated 04-03-2025
in OA No.921/2024 and OA No.922/2024 passed by the High Court of
Judicature at Madras]
B. MANICKAM TAGORE Petitioner(s)
VERSUS
V.VIJAYA PRABHAKARAN & ORS. Respondent(s)
(IA No. 97211/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 21-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Muhammad Ali Khan, Adv.
Mr. Omar Hoda, Adv.
Ms. Eesha Bakshi, Adv.
Mr. Uday Bhatiya, Adv.
Mr. Kamran Khan, Adv.
Mr. Arjun Sharma, Adv.
Ms. Jayanti Singh, Adv.
Ms. Gurbani Bhatia, Adv.
Mr. Usman Ghani Khan, AOR
For Respondent(s) Dr. S Muralidhar, Sr. Adv.
Mr. N C Ashok Kumar, Adv.
Mr. B. Karunakaran, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals stand disposed of in terms of the signed order.
As a result, the pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) ADDITIONAL REGISTRAR ASSISTANT REGISTRAR (Signed order is placed on the file) 5