K.DEVADASS Vs. STATE OF TAMILNADU
HIGH COURT OF MADRAS
STATE OF TAMILNADU
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(1.)Can there be a legally and constitutionally sustainable law to select one out of two, who have been equally chosen by popular
will, through a draw of lot is the issue raised in this petition where
the relief sought is to declare Rule 67(1)(c) of the Tamil Nadu
Panchayats (Elections) Rules, 1995 (for brevity, "the 1995 Rules")
as invalid and ultra vires, as it is founded on an irrational logic of
luck, being opposed to the democratic principles of the very rule
itself that provides for election by votes and exercise of franchise by
the electorate, and not by mere chance or addition of an imaginary
(2.)Learned counsel for the petitioner, while describing the rule to be irrational, urged that there was no declaratory law in the form
of a precedent available on the issue at least of the Madras High
Court and, therefore, the rationality of the rule should be tested and
should be declared to be constitutionally invalid being violative of
Article 14 of the Constitution of India.
(3.)The election for the office of President of Adaiyur Village Panchayat in the District of Tiruvannamalai was held on
27.12.2019. There were five candidates, including the petitioner - Mr.K.Devadass and the fifth respondent - Mrs.M.Kalaivani. It is not
the case of the petitioner that there were any irregularities in the
election, either in the casting of votes or in the counting process. It
is admitted that both the candidates aforesaid polled 905 votes
each at the hustings coupled with one postal ballot each to their
credit. Thus, both of them got 906 votes resulting in a tie.
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