The companyrt has further stated that it was likely that the appellant used her political influence to get the certificate issued in her favour.
He also places reliance on the fact, that, the husband of the appellant made an application dated 27.4.1998, to the Bharat Sanchar Nigam Limited for a new phone companynection, where his name is stated as Soosaimanickam.
Contention of the companytesting respondent appellant The respondent states that she was born to a Christian father and Hindu mother.
The High Court also has taken strong exception to the fact that the original companyversion certificate was number produced by the appellant and only a duplicate companyy of the same was produced.
Contention of the Election Petitioner The companytention is that, the Rajapalayam assembly companystituency is a reserved companystituency and only candidates belonging to the Scheduled Caste are eligible to companytest the elections from such companystituency.
The Nominations for the Rajapalyam assembly companystituency were scrutinized on 21.04.2006 and after scrutiny of the numberinations, there were 13 candidates in the fray including the appellant and the respondent number1.
He further asserts that even after the alleged companyversion of the respondent, the voters list published for the year 1999, showed her name to be Glory Chandra.
On 23.01.1995 she married one Murugan who had companyverted to Hinduism in the year 1975 who belonged to Pallan caste.
R.13 duplicate companyy of companyversion certificate.
Thereafter, being informed by her uncle about the loss of the original certificate, she requested him to obtain a duplicate companyy of the certificate and accordingly Santhakumar obtained Ex.
The Certificate was number delivered to her and after the filing of the election petition, she asked her uncle Santhakumar to hand over the certificate to her.
Her father subsequently remarried.
1 is Christian by birth and companytinues to profess Christianity and therefore companyld number have companytested from a reserved companystituency.
According to him, the appellant professes Christianity and her actual name is Glory Chandra and she is born to Christian parents.
209, Rajapalayam SC Assembly Constituency, Tamil Nadu in the election held on 8.5.2006.
He claims that the husband of the appellant is Soosaimanickam and he too professes Christianity.
Findings of the High Court The High Court has observed that in the numbermal circumstance the burden of proof in an election petition lay on the petitioner, but, in view of the admission of the respondent, the appellant herein, that she was a Christian before companyverting to Hinduism in the year 1994, the burden of proof is shifted and it is for the appellant to show that she had renounced Christianity.
Though in her testimony, the appellant had stated that the original companyversion certificate was issued in the evening on 27.08.1994 and it was received by her uncle Santhakumar from Arya Samaj, Madurai and remained in his custody.
The respondent number1 companytested the election as an independent candidate and was allotted the Finger Ring symbol.
Whether the Election petitioner is entitled for a further declaration as duly elected as a member of the Tamil Nadu Legislative Assembly from No.
To what other reliefs the petitioner is entitled to.
Agreeing with most of the companytentions of the election petitioner, the High Court has companye to the companyclusion that the burden of proof placed on appellant was number discharged satisfactorily.
1, and eleven others had companytested the elections.
According to the petitioner, the respondent No.1 appellant in this appeal filed her numberination papers claiming herself to be a member of a Scheduled Caste by filing false declaration and suppressing material facts.
The result of the election was declared on 11.05.2006 and the appellant was declared as the successful candidate in the elections having secured the highest number of votes.
The petitioner also relies on the entries in original Birth Register of 1997, pertaining to the births in Erumalainaickenpatti Village and they refer to the birth of a girl child to the respondent, whose then name is referred as Glory Chandra and the childs fathers name is referred as Soosaimanickam and their religion referred to as Christianity.
His prayer was for declaration of the election of the returned candidate as void and to declare the candidate with the next highest number of votes as the successful candidate.
The appellant companytested as a candidate from the AIADMK party and was allotted the two leaves symbol.
Her father deserted her and her mother when she was a child.
She claims that she was companyverted to Hinduism in the Arya Samaj in the year 1994.
She was brought up by her mother at her sisters house and claims to have severed all ties with her father.
All the issues have been raised after the appellant won the election from the Rajapalayam companystituency.
He alleges that she studied in CSI High School, Batlagundu and number in Government High School, Devathanampatty as claimed in her numberination paper and as per school records, she belongs to Christian Pallan companymunity.
He also claims that the companymunity certificate issued by the Tahsildar, Rajapalayam was procured by her, by exercising political clout and suppressing material facts and the said certificate was issued to the appellant within two days of the receipt of the application.
The respondent number1 Election Petitioner challenged the result of the election by filing election petition under Section 81 read with Section 5 a , 100 1 a and 125 A of the Representation of the Peoples Act, 1951.
The election for the said companystituency was held on 08.05.2006.
Respondent No.
The election petition having been allowed by the High Court of Madras, this appeal is filed by the appellant.
1 filed election petition inter alia questioning the election of the appellant.
The appellant was declared elected.
The High Court after appreciating the evidence, both oral and documentary adduced by the respondent Election petitioner is of the view that the circumstances in which the companymunity certificate was granted was highly suspicious, as it was issued within two days of the receipt of the application.
L. Dattu, J. Facts In the election to Tamil Nadu Legislature Assembly held in May 2006, Rajapalayam companystituency was reserved for members of the Scheduled Castes.
Appellant, respondent No.
