VADIVELU Vs. SUNDARAM

JUDGEMENT

(1.) The appellant contested the election for the post of President of Vannavalkudi Village Panchayat, Pudukkottai District in Tamil Nadu. The respondents Nos. 1, 2 and 3 were also the candidates for the same election. The polling took place on 12-10-96 and the votes were counted on 14-10-96. The 1st respondent, Sundaram secured 1011 votes and the appellant Vadivelu secured 1010 votes and the 1st respondent was declared elected. The other respondents had secured only lesser number of votes. The appellant filed an Election Petition under Rule 122 of the Tamil Nadu Panchayats (Elections) Rules, 1995 before the District Judge, Pudukkottai, challenging the election of the 1st respondent. In the Election Petition, the appellant contended that certain irregularities were committed while the counting of votes was made. According to the appellant, the names of the dead persons were not deleted from the electoral roll and the first respondent took advantage of this, and despite the objection raised by the agents of the appellant, impersonation had taken place at the time of polling. The appellant also alleged that at the time of counting, a number of valid votes polled in favour of the appellant were treated as invalid by the Returning Officer and though the appellant's agent raised objection, the Returning Officer did not pay heed to it. The appellant further alleged that the Counting Officers had no knowledge as to which was valid vote and which was invalid one. The counting was done in a hasty manner and the agents of the appellant were not allowed to closely peruse the ballot papers. Certain ballot papers contained thumb impression, but they were rejected as invalid votes. The appellant filed a petition before the Returning Officer for recounting of votes, but that prayer was not allowed and on the above grounds, the appellant filed Election Petition for setting aside the election of the 1st respondent.

(2.) The 1st respondent filed counter-affidavit denying the allegations in the Election Petition. The 1st respondent contended that the allegations in the Election Petition are vague and insufficient to set aside the election. He contended that no material particulars are furnished in the Election Petition and only bald allegations have been made and, therefore, the Election Petition was liable to be dismissed. The 1st respondent also alleged that the appellant had not given any particulars regarding inclusion of names of dead persons in the electoral roll. According to the 1st respondent, there was no irregularity or illegality in the counting of votes.

(3.) Four witnesses were examined on the side of the appellant. On the respondent's side, RW1 and RW2 were examined. The Election Tribunal held that no details were available as to how many votes were secured by the appellant-Election Petitioner and the 1st respondent after the first round of counting and that the appellant had filed an application for recount before the Returning Officer. Therefore, the Election Tribunal ordered recount of votes and an Advocate-Commissioner was appointed for recounting of votes and he submitted a detailed commission report. On recount made by the Commissioner, the appellant had secured 1002 votes and the 1st respondent, Sundaram had secured 975 votes. Based on the report of the Commissioner, the Election Tribunal declared the appellant-Vadivelu as the person elected as President of the District Panchayat and the Election Petition was accordingly allowed.