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4. The election petitioner in paragraph No.6 has averred that the first respondent filed her nomination paper to contest from the above referred to Constituency claiming herself to be a member of Scheduled Caste by filing false declaration and suppressing material facts and procuring and supplying false documents.

5. In paragraph No.7, the election petitioner has stated that the original name of the first respondent was Glory Chandra and she is born to Christian parents namely Navakumar and Santhosapackkiam of Erumalainaickenpatti Village and all of them are Christians by birth and following Christianity till date and Navakumar is working at Madurai Christian Mission Hospital.

6. The election petitioner has further averred in paragraph No.8 that the date of birth of the first respondent is 9.6.1974 and she studied in CSI High School, Batlagundu and her admission number is 1573 as on 10.6.1987 and as per her school records, she belongs to Indian Christian Pallan Community and these material facts were suppressed by her knowing fully well that if this is disclosed, she has no eligibility to contest the election in the Reserved Constituency.

7. In paragraph No.9, the election petitioner has stated that the first respondent has not only suppressed the material fact that she was born and brought up as Christian but also deliberately procured false documents to substantiate her false claim as a member of Scheduled Caste by creating school certificate as if she had passed seventh standard from Government High School, Devathanampatty and has made a declaration to that effect in the affidavit filed along with her nomination paper and the Headmaster of Devathanampatty High School had issued a certificate stating that no such person studied in that school during 1986-87 as claimed by the first respondent.

14. The first respondent in her counter affidavit has stated that she belongs to Scheduled Caste Community (Pallan) and recognized by the members of the Community as such and referring to allegations in paragraph No.6 of the election petition, she has further stated that she filed her nomination paper as a member belonging to Scheduled Caste Community to contest in the 13th Assembly Election from the Reserved Constituency. The first respondent has denied the allegation that she filed false declaration suppressing material facts by procuring and supplying false and frivolous documents before the Returning Officer. According to the first respondent, the declaration was prepared by her brother Mr.Sudhakar Gnanaraj since she was away to make arrangements for canvassing for the ensuing election and it is her brother Mr.Sudhakar Gnanaraj who got the declaration ready, which is a typed matter. It is further stated by the first respondent that Mr.Sudhakar Gnanaraj studied in Government High School, Devathanampatty which is a co-educational school and he assumed that the first respondent being her sister, would have studied in that school and mentioned so in the declaration and the first respondent came to Virudhunagar only on the morning of 20.4.2006 which was the last day for submitting the nomination papers and everything was done in a hurry and her brother Mr.Sudhakar Gnanaraj informed her that he prepared the nomination papers and it is enough if she signs and she signed the declaration in a hurry because she had no reason to suspect that any mistake would have occurred and the same was presented. The first respondent has further stated that her brother Mr.Sudhakar Gnanaraj has committed a mistake in mentioning Government High School, Devathanampatty of Theni District and it is an inadvertent error that has crept in and that is sought to be made as a big issue by the election petitioner only for the purpose of the election petition.

6. To what other reliefs the petitioner is entitled to.

ISSUE NOS. 1 TO 3.

32. This election petition is by an unsuccessful candidate seeking a declaration that the election of the first respondent in the 13th Assembly Election to the State of Tamil Nadu held on 8.5.2006 from No.209, Rajapalayam (SC) Assembly Constituency is void and for a consequential relief that he or any other eligible candidate be declared elected.

33. The short ground on which the petitioner seeks to set aside the election of the first respondent is that she was a Christian by birth and continues to be a Christian and that by producing false Certificates as though she belonged to the Scheduled Caste, she contested and got elected. The necessary averments made by the petitioner in this connection are (i) that the first respondent was born on 9.6.1974 to Navakumar and Santhosapackkiam of Erumalainaickenpatti Village, Andipatti Taluk, Theni District, both of whom were Christians by birth; (ii) that the first respondent was christened as Glory Chandra by her parents and she studied in CSI High School, Batlagundu, Nilakottai Taluk; (iii) that the first respondent's father Navakumar is working at Madurai Christian Mission Hospital; (iv) that as per school records, the first respondent is stated to belong to "Indian Christian Pallan Community"; (v) that the first respondent filed a false declaration before the Returning Officer as though she studied in Government High School, Devathanampatti, though she never studied there; (vi) that the Community Certificate produced by the first respondent from the Rajapalayam Tahsildar, was procured on the basis of false documents and suppressing material facts; (vii) that the first respondent, born and brought up as a Christian was professing Christianity till date and the same is spoken to by a few members of the locality; and (viii) that the first respondent married one Soosaimanickam alias Murugan, who is also a Christian and who is a member of a Christian Institution by name "Thuya Sahaya Annai Alayam".