PATTI OCHAN Vs. K MURUGAN & OTHERS

JUDGEMENT

(1.) This Civil Revision Petition arises out of an order passed by the I Additional District Judge, Madurai (Election Tribunal) ordering the recounting of the votes polled in the election held on 15.10.2006 to the post of President of Sowdarpatti Village Panchayat.

(2.) I heard Mr. M. Vallinayagam, learned Counsel for the Petitioner, Mr. A. Arumugam, learned Counsel appearing for the First Respondent and Mr. K.M. Vijayakumar, learned Special Government Pleader for the Second Respondent. Since the Third Respondent remained ex parte, even before the Tribunal, he has been given up.

(3.) In the election held on 15.10.2006 to the post of President of Sowdarpatti Village Panchayat, the Petitioner herein was declared elected, by a margin of just one vote. Challenging this election, the First Respondent herein filed an Election Petition in E.O.P. No. 4 of 2006 on the file of the I Additional District Court, Madurai, under Section 258 of the Tamil Nadu Panchayats Act, 1994. By an order dated 19.11.2007, the Election Tribunal directed the Returning Officer to recount the polled votes and to produce the ballot boxes before Court for recounting. Aggrieved by the said direction issued by the Tribunal, the candidate declared elected, has come up with the above Civil Revision Petition.