N. T. VELUSWAMI THEVAR, vs G. RAJA NAINAR AND OTHERS

The Supreme Court held that under Section 100(1)(c) of the Representation of the People Act, 1951, an election petition is an original proceeding, allowing the Tribunal to entertain grounds of disqualification not raised before the Returning Officer. The Court clarified that the rejection of a nomination paper is not merely an appeal against the Returning Officer's decision, but a fresh inquiry into the candidate's qualifications as per Section 36(2). The Court affirmed that the term 'improperly rejected' encompasses a broader scope than previously argued, thus validating the Tribunal's jurisdiction to consider additional disqualification grounds.