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Vadivelu vs Sundaram And Ors on 10 October, 2000

10. Learned counsel for the returned candidate, however, canvassed that the decision of Supreme Court in case of Vadivelu v. Sundaram & Ors. [Supra] was rendered in the background of the Tamil Nadu Panchayats Act, 1994 and not under the Act of 1951. We have verified the provisions contained in the Tamil Nadu Panchayats Act pertaining to election disputes. These provisions are contained in Sections 258 to 260 of the Tamil Nadu Panchayats Act. Section 258 pertains to election petitions, enabling aggrieved person to file election petition within fifteen days from the date of publication of result. Section 259 of the Tamil Nadu Panchayats Act pertains to grounds for declaring elections to Page 22 of 28 C/SCA/15443/2017 JUDGMENT be void. Sub-section [1] of Section 259 recognizes four grounds for such purpose viz., [a] that on the date of his election, the returned candidate was not qualified or was disqualified; [b] that any corrupt practice has been committed by the returned candidate or his agent or by any other person with the consent of the returned candidate or his agent; [c] nomination papers have been improperly rejected , or [d] that the result of the election insofar as it concerns a returned candidate has been materially affected by any of the four factors mentioned therein, such as, by improper acceptance of nomination or improper acceptance or refusal of any vote or reception of any vote which is void, etc. Section 260 of the Tamil Nadu Panchayats Act pertains to corrupt practice. Provision similar to clause (b) of sub-section 7 of Section 31 of the Act is not to be found in the Tamil Nadu Panchayats Act. The provisions contained in Tamil Nadu Panchayats Act in connection with election disputes are akin to those made in the Representation of Peoples Act, 1951.
Supreme Court of India Cites 11 - Cited by 117 - R C Lahoti - Full Document
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