ORDER 1. The Union of India as well as the State of Tamil Nadu have filed their affidavits in response to the notice issued by this Court on 7-8-2001. 2. From a perusal of the two affidavits, we find that it was only after serious concern was expressed by this Court regarding the treatment of mentally challenged patients housed in the mental asylum at Erwadi in Ramanathapuram District, where more than 25 such inmates were reported to have been charred to death, the State as well as the Union of India started taking some initiative in the matter. 3. From the affidavit filed on behalf of the State of Tamil Nadu, we find that after the gruesome tragedy, the district administration "as an interim measure" sent intimation to the family members of the patients who had survived to take them back to their homes in their native places and also to allow inmates to be retained in the "homes" only on the condition that a companion from the family will stay with the inmates and not to permit any female inmate in the home. As a result of this action, out of 571 inmates, 254 inmates are reported to have been sent back to their native places with their relatives, while 20 inmates are reported to have been admitted to government hospitals. Whether these patients were sent back after proper psychiatric examination and on the basis of medical report that they did not require any further treatment, is not forthcoming from the affidavit. 4. The affidavit further discloses that on 10-8-2001, the Chief Minister of Tamil Nadu conducted a meeting to discuss measures to be taken for regulating the functioning of the homes for mentally ill and it was decided in that meeting that 16 homes for mentally ill located around Erwadi "will be closed down immediately and the inmates will be taken into the care of the State Government". It is further stated that those who are "actually mentally ill" be admitted to the mental institutions run by the State Government but those "who are not really mentally ill, they will be returned to their families". At the meeting, it was also disclosed that apart from Erwadi, in other parts of the State of Tamil Nadu "similar homes exist where similar practices are being followed". At the meeting, it was also disclosed that apart from Erwadi, in other parts of the State of Tamil Nadu "similar homes exist where similar practices are being followed". 18 such homes were identified in the State and in order to tackle the problem, following measures were directed to be taken: "(a) All District Collectors will make an immediate inspection of all such homes located in their respective districts. In future, such homes will be required to obtain a licence under the Mental Health Act, 1987 before being started. All existing homes will be given a month to obtain the licence. (b) There will be a Monitoring Committee in each district headed by the District Collector. This Committee will include the Joint Director (Health), a trained psychiatrist and other medical personnel. Periodical inspection will be carried out by the Committee to ensure that these centres are maintained as per the guidelines. All mental asylums located in thatched sheds in other parts of the State will be closed immediately. Wherever mentally ill patients are found to be in chains, they will be unchained immediately. Those with violent tendencies will be admitted in government mental institutions for further care. (c) In respect of inmates who are found to be not mentally ill but abandoned by their families, old age pension under the category of destitute persons will be sanctioned to them by the District Collectors. Further, those who do not have homes to return to will be admitted in the old age homes or destitute homes run by the State Government and reputed non-governmental organisations. (d) The District Mental Health Programme for Ramanathapuram and Madurai districts with an outlay of Rs 2 crores will be implemented immediately. (e) Out of 25 District Headquarters Hospitals, only II hospitals have psychiatrists posted as of now. Hence it was decided by the Chief Minister that psychiatrists will be posted in the remaining 14 districts also immediately. (f) All the recommendations of the National Human Rights Commission and the State Human Rights Commission will be implemented scrupulously. (g) A Commission of Enquiry headed by a retired District Judge would be constituted to go into the incidents of death due to fire in Erwadi." 5. (f) All the recommendations of the National Human Rights Commission and the State Human Rights Commission will be implemented scrupulously. (g) A Commission of Enquiry headed by a retired District Judge would be constituted to go into the incidents of death due to fire in Erwadi." 5. Measure (c) (supra) records that in respect of inmates who are found "to be not mentally ill but abandoned by their families", old age pension under the category of destitute persons will be sanctioned to them by the District Collectors. Whether all those 254 patients who had been sent back to their native places along with their relatives have been granted old age pension or not, is not forthcoming from the record. 6. The State of Tamil Nadu is directed to state on affidavit as to what follow-up action, if any, has been taken insofar as these measures are concerned. The affidavit shall specifically disclose whether the Monitoring Committee has commenced its work and the result of its "periodical inspections". 7. From the affidavit filed on behalf of the Union of India by the Director, Union Home Ministry, we find that Central Government has also set up an authority under Section 3 of the Mental Health Act, 1987. The composition of the Committee has been disclosed in para 8 of the affidavit. The Union Government is stated to have written to the Chief Secretaries of defeated under the cloak of technicalities by adopting a hypertechnical approach. The free and fair elections are a guarantee of the democratic polity and for achieving such an objective various provisions are made applicable to the election laws, most important of which is the remedy of challenging the elections on the grounds specified under the statute. In the absence of the applicability of Section 5 of the Limitation Act, the rights o( the aggrieved person, intended to challenge an election, can be defeated by the executive of the State by not appointing the Election Tribunal as is shown to have been done in the instant cases. In the appeal filed by Gogineni Sujatha, it is not disputed that the Election Tribunal was constituted after the expiry of period of limitation prescribed for filing an election petition. Similarly in the case of Shaikh Saidulu @ Saida sufficient time was allowed to lapse preventing the filing of the election petition for no fault of the appellant. In the appeal filed by Gogineni Sujatha, it is not disputed that the Election Tribunal was constituted after the expiry of period of limitation prescribed for filing an election petition. Similarly in the case of Shaikh Saidulu @ Saida sufficient time was allowed to lapse preventing the filing of the election petition for no fault of the appellant. Can an interpretation be accepted which facilitates the defeating of purpose of the Act? The answer is emphatically, no. 14. In the instant appeals, the High Court appears to have adopted a very technical approach by totally ignoring the purpose and object of the Act and the conduct of the respondents in not constituting the Tribunal, with the result of preventing the aggrieved from approaching the Tribunal to challenge the election by way of election petition. The orders of the High Court, being contrary to law, are thus not sustainable. 15. The appeals are allowed accordingly by setting aside the impugned orders and remitting the cases back to the Election Tribunal for deciding the election petitions on merits. No order as to costs.