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(iii) The copy of the letter dated 23.1.2006 sent to her regarding the election of the Managing Trustees, as Ex.R.9.
(iv) Notice dated 1.2.2006 of Deputy Commissioner of H.R. & C.E Department, convening the Meeting of Trustees, as Ex.R.10.
(v) Her Notarised Community Certificate, as Ex.R.11.
(vi) Original Mortgage Deed executed by her maternal grandfather Rajamanickam wherein the Community is mentioned as "Devendra Kulam", as Ex.R.12.
(vii) Conversion Certificate issued to her by Arya Samaj, Madurai as Ex.R.13, subject to objection by the petitioner.
59. The first respondent in her counter statement filed in the election petition in paragraph No.7 has stated that she converted to Hinduism in 1994 through the Arya Samaj, Madurai and the certificate, dated 27.8.1994, issued by Arya Samaj, Madurai is filed along with the counter. The first respondent did not file the original certificate but only filed a xerox copy of the conversion certificate in page 2 of the typed set of papers dated 21.1.2007 filed with counter. The first respondent did not produce the original of the said xerox copy subsequently also. In the trial, in her examination in chief as RW.3, the first respondent produced a Duplicate conversion certificate and marking of it was objected to by the learned counsel for the election petitioner on the ground that it is not original and the said document was marked subject to objection as Ex.R.13. In her testimony, RW.3-Chandra has stated that the original conversion certificate was issued in the evening on 27.8.1994 and it was received by her uncle Santhakumar from Arya Samaj, Madurai and it was in his custody and she did not obtain the same and after the filing of the election petition, she asked her uncle Santhakumar to hand over the certificate to her and he replied that he lost the original certificate and she requested him to obtain a Duplicate copy of the certificate and accordingly Santhakumar obtained Ex.R.13-Duplicate copy of conversion certificate. RW.10-Surulimuthu, in his cross-examination, has stated that the original of Ex.R.13-certificate is with Santhakumar. At the time of filing of the counter to the election petition, the original conversion certificate was available and a xerox copy was taken and filed in the typed set. At the time of trial, that original has not been filed and the person said to be in possession of the same viz. Santhakumar was also not examined by the first respondent to substantiate the loss of original and obtaining a duplicate of the same. Further, the signature of the first respondent found in Ex.R13-certificate is 'M.Chandra'. Even as per the testimony of RW.3-Chandra, she used to sign as 'N.Chandra' before marriage and as 'M.Chandra' after marriage. Ex.R13-conversion certificate had come into existence before her marriage. The explanation now sought to be given by the first respondent is that the duplicate was obtained now only. But, it has to be borne in mind that the duplicate cannot be different from that of the original and it is not a public document. The original records have also not been summoned from Arya Samaj, Madurai and no steps have been taken to summon the responsible person from Arya Samaj to prove that first respondent underwent conversion.
60. In the counter statement, the first respondent has not stated about the presence of her close relatives along with her at the time of her conversion before Arya Samaj, Madurai and she has also not mentioned about any rituals performed at that time. In her testimony, as RW.3, she has stated that at the time of the conversion ceremony, she gave a typed requisition in a non-judicial stamp paper to the value of Rs.20/- to Arya Samaj, Madurai and her uncle Santhakumar, her mother Santhosapackkiam and her maternal uncle RW.10 Surulimuthu were with her and after taking head-bath in water tank in Arya Samaj, Madurai, she circumambulated the Kalasam (Kumbam) nearby three times and a Brahmin priest chanted mantras and offered sacred ash, kumkum and flowers and she received the same and he declared that she shall be known thereafter as Chandra. It is relevant to note that the presence of Santhakumar and Santhosapackkiam at the time of ceremony was not spoken to by RW.10-Surulimuthu and he has also not stated anything about 'Suddhi Ceremony', namely, rituals in his chief examination. After the extensive cross-examination of RW.3-Chandra pertaining to the conversion ceremony and issuance of Ex.R13-certificate, the first respondent could have summoned her mother Santhosapackkiam and uncle Santhakumar and other relevant persons to substantiate her plea, especially in the absence of original conversion certificate but still, she did not take any step in this regard to remove the shadow of doubt. It is true that clinching evidence on the formal ceremony of conversion may not be necessary in view of rulings of the Apex Court (PERUMAL NADAR (DEAD) BY LRS. v. PONNUSWAMI : 1970(1) Supreme Court Cases 605) but it has to be seen as to whether the claim made by the first respondent that she has been professing Hinduism is established or not.
78. In the result, the Election Petition is partly allowed and the election of the first respondent herein/returned candidate from No.209, Rajapalayam (SC) Assembly Constituency (Tamil Nadu) in the Election held on 8.5.2006 is declared void and the first respondent shall pay costs of Rs.5,000/- (Rupees five thousand only) to the petitioner.
2.12.2008
Index: yes.
Internet: yes.
vks
C.NAGAPPAN, J.
vks
PRE-DELIVERY ORDER
in
ELECTION PETITION NO.7
OF 2006
2.12.2008
HIGH COURT, MADRAS
ELECTION PETITION NO.7 OF 2006
LIST OF WITNESSES
Witnesses examined on the side of Election Petitioner.
1. PW.1 M.THANGAMUTHU (Election Petitioner)
2. PW.2 T.P.PAULSAMY
3. PW.3 L.RAJAIAH
4. PW.4 M.K.RAJENDRAN
5. PW.5 MRS.D.JAYAMANORAMA
6. PW.6 S.ARUMUGAM
7. PW.7 K.NALLATHAMBI
Witnesses examined on the side respondents.
1. RW.1 V.P.RAJAN (2nd respondent)
2. RW.2 K.V.BALASUBRAMANIAM
3. RW.3 M.CHANDRA (Returned candidate) R1
4. RW.4 SENGIAH @ CHINNA SENGIAH
5. RW.5 RASU
6. RW.6 R.GOVINDAN
7. RW.7 S.PAULRAJ
8. RW.8 P.MAGESH
9. RW.9 PARAMASIVAM
10. RW.10 R.SURULIMUTHU
HIGH COURT, MADRAS
ELECTION PETITION NO.7 OF 2006
LIST OF EXHIBITS
Documents marked on the side of Election Petitiner:-
Ex.P1 Certificate issued by CSI High School,
Diocese of Madurai-Ramnad, dated Original
26.5.2006.
Ex.P2 Certificate issued by the Headmaster,
Government High School, Devathanampatti, Original
dated 23.6.2006.
Ex.P3 Candidate's Identity Card issued to the Original
petitioner by the Returning Officer.
Ex.P4 Government Gazette dated 23.7.1975,
containing details about the reconversion Xerox
of the first respondent's husband to
Hinduism.
Ex.P5 Register of shareholders known in
Tamil as "Pangu Kudumba Pathivedu"
maintained by St.Mary's Church known Original
in Tamil as "Thuya Sahaya Annai Alayam", Rajapalayam.
Ex.P6 Entry at Serial No.8 in page No.29 in Ex.P5,
containing the name of the first respondent's Original
husband as a member of the Church.
Ex.P7 Government letter dated 19.9.1990,
issued on the basis of decision of the
Supreme Court dated 25.1.1996 in SLP
No.27571 of 1995, clarifying that a
child born to Christian parents will not be
entitled to the benefits of reservation
upon conversion to Hinduism. Xerox
Ex.P8 Copy of the notice issued by the counsel
for the petitioner to the counsel for the first
respondent, calling upon them to produce
certain documents. Xerox
Ex.P9 Nomination paper filed by the first
(series) respondent. Original
Ex.P10 Birth Register of the year 1997 of
Erumalainaickenpatti. Original
Ex.P11 Entry contained therein at S.No.38 in
page No.7 relating to the birth of a girl
child on 9.7.1997 to Soosaimanickam and
Glory and whose religion was indicated in
column Nos.12 and 17 of the Register to Original
be Christianity.
Ex.P12 Relevant page of the Admission Register
of the school, containing the entry relating
to the particulars of the first respondent. Xerox
Ex.P13 Application made by the first respondent's
husband to the Tahsildar, seeking the issue
of a permanent Community Certificate for
his wife (first respondent). Original
Ex.P14 Endorsement of the Village Administrative
Officer on the application in Ex.P13. Original
Ex.P15 Endorsement of the Revenue Inspector
on the application in Ex.P13. Original
Ex.P16 Endorsement of the Tahsildar
on the application in Ex.P13. Original
Ex.P17 Entry at S.No.843 in the Register
maintained for the issuance of Certificates. Original
Ex.P18 Entire Register containing Ex.P.17 entry. Original
Ex.P19 Note order of the Tahsildar on the reverse
of Ex.P.13 application, directing the issue
of the Certificate. Original
Ex.P20 Death Register for the year 1989 of Erumalainaickenpatti. Original
Documents marked on the side of Respondents:-
Ex.R1 Voters list of Andipatti Assembly
Constituency for the year 1999. True copy
Ex.R2 Entry in Voters list of Andipatti Assembly
Constituency for the year 1999 at S.No.865, containing the name of the first respondent True copy
as Glory Chandra.
Ex.R3 Application dated 27.4.1998 for
telephone connection made by
A.Susaimanickam (first respondent's
husband), in respect of the telephone Original connection No.45386.
Ex.R4 Virudhunagar Telecom District Original
Telephone Directory
Ex.R5 Entry at page No.36 in Virudhunagar
Telecom District Telephone Directory
relating to A.Susaimanickam. Original
Ex.R6 Application dated 5.11.1999 for telephone
connection No.224721 made by A.Murugan
at a different address, showing the name
of Glory Chandra as his nominee in the
Appendix Form. Original
Ex.R7 Certificate issued to first respondent
by the Election Officer for Ward No.3, Rajapalayam Reserved Constituency. Original
Ex.R8 Order dated 10.11.2005 appointing
the first respondent as Trustee of Mayuranatha Swamy Temple, Rajapalayam. True copy
Ex.R9 Letter dated 23.1.2006 sent to first
respondent regarding the election of the
Managing Trustees. Original
Ex.R10 Notice dated 1.2.2006 of Deputy
Commissioner of H.R. & C.E Department,
convening the Meeting of Trustees. Original
Ex.R11 Notarised community certificate of the
first respondent. Copy
Ex.R12 Mortgage Deed executed by first
respondent's maternal grandfather
Rajamanickam wherein the Community
is mentioned as "Devendra Kulam". Original
Ex.R13 Conversion Certificate issued to
first respondent by Arya Samaj, Madurai. Original
Ex.R14 Receipt for Rs.250/- to Devendra Kula
(Series Velalar Samoogam on the occasion of her
2 Nos) marriage and the certificate. Original
Ex.R15 Birth Certificate of Sudandiradass, son of
first respondent. Original
Ex.R16 Voter Identity Card issued to
first respondent. Original
Ex.R17 Voter Identity Card issued to
first respondent, after change of residence. Original
Ex.R18 Sale Deed, dated 14.2.2001 in the name
of the first respondent. Copy
Ex.R19 Family Ration Card of first respondent. Original
Ex.R20 Arulmighu Muthalamman Koil's
Donation Receipt No.63, dated 27.9.2004,
issued to first respondent. Original
Ex.R21 Mallaiswaran Temple's Donation
Receipt No.346, dated 23.6.2003, issued
to first respondent. Original
Ex.R22 School Certificate of Santhosapackkiam,
mentioning her Father as
M.S.Rajamanickam and that entry. Original
Ex.R23 List of members of Kaliamman Temple Original
Ex.R24 List of members of Palichiamman Temple Original
Exs.R25 Photographs taken at the time of the
to R27 first respondent assuming Office as
(series) Trustee of Mayuranathaswamy Temple. Original
Ex.R28 Transfer Certificate of R.Surulimuthu,
uncle of first respondent, mentioning
his Community as Hindu Pallan. Original
Ex.R29 Certificate of Teacher Training School,
mentioning Community of R.Surulimuthu,
uncle of first respondent as Hindu Pallan. Original
Ex.R30 School Certificate of Ranjitham. True copy
Ex. R31 School Certificate of Santhosapackkiam Original
Ex.R32 Legal heir Certificate issued to
R.Surulimuthu, uncle of first respondent Original
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