Madras High Court
OA/1028/2026 of THE RETURNING OFFICER Vs OMSAKTHISEKAR on 25 September 2026
OA No. 1028 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OA No. 1028 of 2026
IN
ELP NO. 1 OF 2026
The Returning Officer
No.17, Nellithope Constituency, Pudhucherry
..Applicant(s)
Vs
1. Omsakthisekar
Independent Candidate (Jack Fruit) No.35, Nethaji Subash Chandra Bose Street, Kosapalayam, Puducherry.
2. V.Karthikeyan @ V.Cartigueyane
DMK Political Party (Raising Sun) No.2,7th Cross Street, Anna Nagar, Nellithoppu, Puducherry - 605005
3. S.Gomathy Roja
Anna Makkal Party (Girl's shirt), No.398, Maraimalai Adigal Salai, Nellithoppu, Puducherry - 605 005
4. Muth.Am.Sivakumar
Naam Thamizhar Party (The Plough-bearing Farmer) No.60, Lenin Street, Kuyavarpalayam, Puducherry - 605 013
5. S.Vigneshvaran
Thamizhaga Vetri Kazhagam (Vistle) No.155, 2nd Main Road,Vel Murugan Nagar, Kosappalayam, Puducherry - 605 013.
6. Janakiraman
Pattali Makkal Katchi (Mango Fruit), No.17, 2nd Cross Street, Sakthi Nagar, Saaram, Puducherry - 605 013.
7. A.Jayakumar
Latchiya Jananayaga Katchi (Water Melon), No.28, Perumal Koil Street, Koodappakkam, Puducherry.
OA No. 1028 of 2026
8. Dr.S.Ashok Kumar
Independent Candidate (Ship) No.11A, 3rd Cross Street, Saradambal Nagar, Nellithoppu, Puducherry - 605 013.
9. A.Irudhayaraj
Independed candidate (Gas Cyloinder), No.6, Nadu Street, Vennila Nagar, Puducherry.
10.S.Kamatchi
Independent candidate (Television) No.51, Lawspet Main Road, Pudupettai, Puducherry - 605 008.
11.R.Shanmugam
Independent candidate (Water Tank), No.25, 1st Cross Street, Sakthi Nagar, Saaram, Puducherry.
12.G.Sathish Kumar
Independent candidate (Spouted Vessel), No.31, Thamaraikkulam Street, Bahoor, Puducherry.
13.N.Dillibabu
Independent Candidate (Triangle) No.23, Main Road, Anna Nagar, Nellithoppu, Puducherry - 605 005.
14.M. Mohan Raj
Independent candidate (Pressur Cooker),
No.433, 1st Floor, Kamaraj Salai, Old Saaram, Puducherry.
..Respondent(s)
PRAYER: This Original Application is filed under Order XIV, Rule 8 of the OS Rules and Rule 3 of the Madras High Court election Petition Rules, 1967
read with Order I, Rule 10(2) CPC, to Struck off the Respondent No.14 in Election Petition No.1 of 2026.
For Applicant(s):
Niranjan Rajagopalan
For Respondent(s):
Mr.C.Jagadish
OA No. 1028 of 2026
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ORDER
Heard Mr.Niranjan Rajagopalan, learned counsel for the petitioner and Mr.C.Jagadish, learned Counsel for the respondent.
2. The learned counsel for the Returning Officer, states that the Returning Officer is not a necessary party to the Election Petition and he need not be arrayed as a respondent in the Election Petition. In support of his submission, he relied on the decisions of the Hon'ble Supreme Court in B.Sundara Rami Reddy Vs. Election Commission of India and Others, reported in (1991) Supp
(2) SCC 624 and Jyoti Basu and others Vs. Debi Ghosal and others, reported in (1982) 1 SCC 691. He would therefore seeks for striking of 14th respondent from the Election Petition.
3. Mr.C.Jagadish, learned counsel for the respondent/Election Petitioner, would fairly state that the Returning Officer is not a necessary party in the Election Petition and therefore, he has no objection for allowing O.A. No.1028 of 2026.
4. I have also independently perused the affidavit filed in support of this petition and I am satisfied with the reasons assigned therein. Accordingly, this Original Application is ordered. 25-09-2026 RKP Note: Registry is directed to carry out the necessary amendments in the Cause Title.
OA No. 1028 of 2026
P.B.BALAJI, J. RKP OA No. 1028 of 2026 IN ELP NO. 1 OF 2026 (1/2) 25-09-2026