NEW DELHI: The Supreme Court on Monday admitted a petition challenging the election of Congress Member of Parliament R. Danushkodi Adithan from Tirunelveli in the 2004 elections.

A Bench of Justice B. P. Singh and Justice S. H. Kapadia, after hearing counsel K.V. Viswanathan, issued notices to Mr. Adithan, the Election Commission, the Returning Officer/District Revenue Officer and others.

It was hearing an appeal filed by N. Rajagopalan, a defeated Independent, against the Madras High Court order dismissing his petition on August 2.

Mr. Rajagopalan said the nomination papers filed by Mr. Adithan were not in conformity with the Conduct of Election Rules and provisions of the Representation of the People Act. He had not enclosed two affidavits declaring his assets and liabilities and criminal antecedents.

"Partisan attitude"

He said the Returning Officer had overruled his objection and allowed Mr. Adithan to furnish copies of the affidavits at the time of scrutiny, contrary to established procedure. Owing to the "partisan attitude," the election process was vitiated by irregularities, which affected the poll outcome.

He said the High Court failed to see that the consequence of failure in filing the affidavits was rejection of nomination papers. The RP Act provided for scrutiny of documents by the Returning Officer after the period of nominations ended.

If the nomination forms were incomplete, the Returning Officer had to reject them.

The appellant said substantial legal issues were involved in the appeal — whether the Returning Officer could accept the nomination form even if it was improper and whether the documents could be filed in instalments.

He sought a direction to quash the impugned judgment and set aside Mr. Adithan's election.

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