M CHINNASAMY Vs. K C PALANISAMY

JUDGEMENT

(1.) To what extent an election tribunal should exercise its jurisdiction to direct inspection of the ballot papers and recounting of votes polled while determining an election petition in terms of the provisions of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act', for the sake of brevity) is in question in this appeal which arises out of a judgment and order dated 7-11-2002 passed by the High Court of Judicature at Madras in Election Petition No. 7 of 2000.

(2.) An election took place for Karur Paliamentary Constituency (26) consisting of six assembly segments on 5-9-1999. Eleven candidates contested the said election. Total number of votes polled was 719705 and the appellant herein who is the returned candidate having the election symbol of 'two leaves' secured 334407 votes whereas Respondent No.1 herein (the election petitioner) who contested the said election on the election symbol of 'rising sun' secured 331560 votes. The margin of votes between the returned candidate and the election petitioner was, thus, 2847.

(3.) It is also not in dispute that 16906 votes were rejected. The chief election agent of the election petitioner on or about 6-10-1999 lodged a complaint alleging irregularities in counting of votes. The said counting of votes took place on 6-10-1999 and the result thereof was declared at 5.10 A. M. on 7-10-1999.