A LAZAR Vs. M K AZHAGIRI

JUDGEMENT

(1.) THIS Application has been filed, praying to substitute the applicant A. Lazar as Petitioner in place of the deceased Petitioner late P. Mohan and continue the proceedings in the above Election Petition.

(2.) THE case of the applicant is as follows: 2.1 He was the alternative candidate selected by the recognized political party CPI(M) along with P. Mohan for No.32, Madurai Parliamentary Constituency in the 15th Lok Sabha Election held in the year 2009. P. Mohan submitted his nomination. Applicant also submitted his nomination as the alternative candidate. Since the nomination of P. Mohan had been accepted, the applicant withdrew his nomination within the date fixed for withdrawal of nomination. He is interested in the outcome of the Election Petition. He is also aggrieved over the declaration, declaring the first Respondent as the returned candidate in the election in question forming subject matter of the Election Petition. He is ready and willing to continue the Election Petition substituting himself in the place of late P. Mohan, who died on 30.10.2009, based on the allegations and grounds raised in the Election Petition. He is entitled to substitute himself in place of the deceased sole Petitioner in the Election Petition and continue the proceedings as per Section 112 (3) of the Representation of the People Act, 1951 (in short, -the Act-)2.2 He is an elector of 32, Madurai Parliamentary Constituency. He saw the paper publication in -THE Hindu- daily Madurai Edition, dated 14.12.2009, publishing the factum of demise of the Election Petitioner. He is filing this Application within 14 days from the date of publication as contemplated under Section 112(3) of the Act.2.3 Late P. Mohan has already furnished security as peer Section 117(1) of the Act. He is ready and willing to abide by any orders passed by this `Court under Section 112(3) of the Act, including depositing of another sum of Rs. 2,000/-, if directed. Hence, this application.

(3.) NINTH Respondent also has filed a counter affidavit, stating as under:5.1. As per Section 112(1) of the Act, the Election Petition got abated. The mandatory requirements under Section 82 of the Act are not complied with and hence the main Election Petition itself is liable to be dismissed. Once the applicant withdrew his nomination, he relinquishes all his rights and therefore, the Application under Section 112 (3) is no maintainable. The applicant has failed to comply with the requirement of enclosing certified copy of the certificate issued by the Election Officer. The applicant cannot maintain a petition on the basis of security deposit made by the deceased P. Mohan. The matters are within the exclusive knowledge of the deceased Petitioner and cannot be established by the applicant. Therefore, the Application has to be dismissed.