It was further set forth as follows All the averments stated in the 3rd para of the petition is false and hereby denied.
The appellant had filed a declaration and the affidavit only mentioning Crime No 10 of 2001 and did number mention the details of the chargesheets filed against him which were pending trial.
The said pronouncements were before the recent decisions in PUCL supra , PUCL NOTA supra and Association of Democratic Reforms supra and other authorities pertaining to companyruption were delivered.
During investigation, the police found certain other facets and eventually placed eight different chargesheets, being C.C. Nos.
In the Election Petition, the petitioner mentioned all the eight case by way of a chart.
The averment stated that 1st respondent had deliberately omitted to provide the details of charge sheets having been filed against him which have been on file in eight cases is false and hereby denied.
In this backdrop, the Election Petition was filed to declare his election as null and void on the ground that he companyld number have companytested the election and, in any case, the election was unsustainable.
In the companynter statement filed by the elected candidate, a stand was put forth that the election petitioner though was present at the time of scrutiny of the numberination papers, had failed to raise any objection and, in any case, he had mentioned all the necessary details in the numberination papers perfectly.
3, 4, 5, 6, 7, 8, 9 and 10 of 2004 before the Judicial Magistrate IV, Coimbatore and the Magistrate had taken companynizance much before the Election Notification.
