N PONNUSAMY Vs. RETURNING OFFICER AND SPECIAL GRADE EXECUTIVE OFFICER INAM KARUR TOWN PANCHAYAT VENGAMEDU KARUR TALUK

JUDGEMENT

(1.) THE writ petition is for the issue of writ of Certiorarified Mandamus to call for the records connected with the judgment and decree dated 23.9.1998 made in Election Original Petition No.67 of 1996 on the file of the tenth respondent and quash the same and grant the reliefs as prayed in the Election Original Petition No.67 of 1996 on the file of the tenth respondent.

(2.) WHEN the matter came up for hearing on 17.4.2000, learned counsel Mr.S.R. Raghunathan who has entered appearance for the second respondent has submitted that as there was no instruction from the second respondent in spite of repeated reminders to the second respondent through post with acknowledgment due, he is withdrawing the vakalat to appear on behalf of the second respondent. He has also made an endorsement to that effect on the case bundle. On the basis of his submission, this Court by order dated 17.4.2000, directed the Registry to send notice to the second respondent returnable by 6.6.2000 and private notice was also permitted by this Court. Notice was sent by the Registry on 13.6.2000. The matter again came up for hearing on 29.6.2000. There was no representation for the second respondent. Heard the learned Senior Counsel for the petitioner and the Special Government Pleader for the first respondent. The matter is decided on merits.

(3.) LEARNED senior counsel next contended that the authorities ought to have taken cognizance of the application made by the petitioner for recounting on 14.10.1996 and ought to have recounted the votes and by the non-acceptance of the application submitted by the petitioner to the first respondent, the petitioner had been deprived of his legitimate right of recounting the votes.