V.Vijaya Prabhakaran vs B.Manickam Tagore

ELP No. 4 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
ELP No. 4 of 2024
CNR:{HCMA011295792024}
AND
OA NO. 865 OF 2026,OA NO. 920 OF 2024
V.Vijaya Prabhakaran
S/o.V.Vijayakant, 12A, Plot No.54, Kannambal
Street, Kannabiran Colony, Saligramam,
Chennai-600 093.
..Petitioner(s)
Vs
1. B.Manickam Tagore
S/o.Bagiratha Natchiappan, 20, Brindhavanam
Street, Thirunagar, Madurai-625006.
2. Suresh
S/o.Karuppaiah,
1/680, Mariamman Nagar, Pallapatti,
Keelathiruthangal, Sivakasi, Virudhunagar
District 626 130.
3. R. Radikaa
W/o.Sarath Kumar,
2, Kalyani Nagar, Kottivakkam, Chennai - 600
041.
4. M. Ashok Kumar
S/o.Mohan,
2/203, Sathiya Nagar,
Virathanoor Post, Madurai 625009.
5. S. Kaushik
S/o.Srirengamuthupandian, 4/46, North Street,
Alangulam, Melakalangal, Tenkasi 627 860.
6. S.Sekar
S/o.Sundaram Mudhaliyar,
129C, Sannathi Street, Thiruparankundram,
Madurai 625 005.
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ELP No. 4 of 2024
7. P.Palanichamy
S/o.Panchatcharam,
4/59, Thoduvanpatti,
S.I.T. Post, Kariyapatti Taluk - 626 115,
Virudhunagar District,
8. S. Mariselvam
S/o.Suyambu,
5/70, Samypuram Colony, Pallapatti, Sivakasi,
Virudhunagar District
9. C. Muthukannu
S/o. Chelliah, 1/92, Middle Street,
Nallanchettipatti, Golwarpatti, Sattur Taluk 626
203
10.G. Ganeshamoorthi
S/o.Gurusamy Thevar,
161, East Street, Puthusurankudi, Surankudi
Post, Sattur 626 203 Virudhunagar District
11.N. Sankaranarayanan
S/o. Narayanasamy, 287, Madurai Road,
Tirumangalam 625 706, Madurai District
12.M. Sudalaimani
S/o. Muthumalai, 67, Gurusamy Kothan Street,
Virudhunagar 626001.
13.M. Selvakumar
S/o.Murugesan,
2/36, East Street, Maravankulam,
Tirumangalam, Madurai District
14.V.V.Selvarajan
S/o.Vanniarajan,
126, South Car Street, Virudhunagar 626 001.
15.K. Selvi
W/o. Karuppusamy, 433/2, North
Malaiyadipatti Rajapalayam 626 117.
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ELP No. 4 of 2024
16.K. Palanisamy
W/o.Kumarasamy, 132A, New No.17, Vanniyar
1st Street, Choolaimedu, Chennai 600 094.
17.R.Pandiyammal
W/o.Ravi, 108, Perandammal Street, Sivakasi
626 123
18.P. Mahendra Ramakrishnan
S/o.Pandi, 4/761, Bharath 2nd Street, Anbu
Nagar Last, Anna Nagar, Alavandhan, Madurai
625 020.
19.M. Manikandan
S/o.Murugesan, 4/1E 8-1, Bye pass Road South,
Virudhunagar 626 001.
20.Mayak Kannan
S/o.Balasubramanian, 18, Avvaiyar Street,
Virudhunagar - 626 001.
21.M. Marieeswari
W/o.Marikani, 43, Pound Street,
Muthuramanpatti, Virudhunagar.
22.S.Rajagopal
S/o.Seetharaman, 1/412, Sriram Nagar,
Virudhunagar 626 003.
23.Rajesh
S/o.Pandi,
31, Ahamad Nagar 4th Street, Virudhunagar
626 001.
24.V.K. Venkateswaran
S/o.Kaliappan,
179D/3, Maruthi Nagar, Sivarakottai, Kallikudi
Taluk, Madurai District 625 706.
25.Vedha Dhamodharan
S/o.Vempadian,
3/142, M.Veerapatti Village, Mathipannur Post,
Tirumangalam Taluk, Madurai District 625 704.
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ELP No. 4 of 2024
26.T. Jayaraj
S/o.Thangiah,
182A/3, Cholapuram Keelur, Rajapalayam
Taluk, Virudhunagar District 626 139.
27.The Returning Officer
34 Virudhunagar Parliamentary Constituency,
the District Collector, Virudhunagar.
..Respondent(s)
ELP No. 4 of 2024 has been filed to Declare the election of returned
candidate / 1st respondent from No.34 Virudhunagar Parliamentary
Constituency in the General Election for Lok Saba held on 19.04.2024 as null
and void and set aside the same. (ii) order recounting of all postal votes polled
at No.34 Virdhunagar Parliamentary Constituency in the General Election for
Lok sabha held on 19.04.2024 after reverification, including the postal ballots
rejected as invalid. (iii) Order recounting of votes polled in Electronic Voting
Machines polled at No.34 Virdhunagar Parliamentary Constituency in the
General Election for Lok Sabha held on 19.04.2024 iv)To declare the petitioner
herein as duly elected from No.34 Virudhunagar Parliamentary Constituency in
the General Election for Lok Sabha held on 19.04.2024 v)Award the cost of the
petition.
OA No. 865 of 2026 has been filed to grant leave to withdraw the above
Election Petition under Section 109 of the Representation of the People Act,
1951.
OA No. 920 of 2024 has been filed to stuck off the Applicant
Respondents 27 in Election Petition No.4 of 2024.
For Petitioner(s): Mr.N.C.Ashok Kumar
For Respondent(s): Mr.S.Elambharathi and
Mr.M.Vijayamehanath for R1
Mr.Chevanan Mohan for R19
for M/s.Viruksham Legal
Mr.S.Shyam Kumar for R20
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ELP No. 4 of 2024
Mr.Niranjan Rajagopalan for R27
for M/s.GR.Associates
ORDER
OA No. 865 of 2026 has been filed by the Election Petitioner under
Sections 109 & 110 of the Representation of the People Act, 1951 seeking
permission of this Court to withdraw this Election Petition.
2. This Court vide order dated 20.08.2026 directed the Registry to issue
notice to all the parties to the election petition and also necessary publication
with regard to the petition in the Official Gazette. Notice has been served on the
parties and despite the Official Gazette publication, neither objection nor
substitution petition has been filed to continue the election petition. The election
petitioner sought to withdraw this petition on the ground that he has decided to
devote his attention to public life and the interest of his constituents rather than
continuing prolonged election litigation and therefore, has voluntarily resolved
to withdraw the election petition.
3. Considering the said aspect and also the averments though made in the
petition alleging malpractices, when the election petitioner himself is not in a
position to continue the Election Petition for some or other reasons and there are
no materials to show that there was any bargain for withdrawal, this Court is of
the view that keeping the Election Petition pending will not serve any purpose.
4. Accordingly, leave is granted to withdraw the Election Petition and this
Election Petition stands dismissed as withdrawn. No costs. Consequently,
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ELP No. 4 of 2024
connected applications stand closed. The Registry is directed to report the fact
of withdrawal of the election petition to the Election Commission.

29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
dhk
To
The Returning Officer
34 Virudhunagar Parliamentary Constituency, the District Collector,
Virudhunagar.
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ELP No. 4 of 2024
N.SATHISH KUMAR J.
dhk
ELP No. 4 of 2024
AND
OA NO. 865 OF 2026,OA NO. 920 OF 2024
29-10-2026
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