Election cannot be set aside on presumptions and surmises or conjectures, Justice Dhanapalan said adding a clear, cogent proof in support of the allegations was essential.
“The evidence let in by the petitioner runs well short of establishing the charges levelled against Alagiri,” he held.
Originally, defeated CPI(M) candidate, P Mohan, filed the petition. Subsequently, he died.
Mohan was substituted in the election petition by Lazar, CPI(M)'s alternative candidate, who also submitted his nomination and withdrew it later.
Alagiri was declared winner by the Returning Officer having secured 4,31,295 votes against deceased petitioner Mohan who got 2,90,310 votes.
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