M VARALAKSHMI Vs. K PANDURANGAN

JUDGEMENT

(1.) Petitioner seeks to (i) declare the election of the Returned candidate, viz., the 1st Respondent from No.47, Anaicut Assembly Constituency (Tamil Nadu) in the election held on 08.05.2006 in which results have been declared on 11.05.2006 as void and set aside the same; (ii) pass an order directing fresh poll in Polling Station No.13, Chinnapallikuppam in No.47, Anaicut Assembly Constituency (Tamilnadu) as per the provision of Representation of People Act, 1951 and Conduct of Election Rules, 1961 and order consequential counting and declaration of results; (iii) declare the Petitioner as duly elected as a member of the Tamilnadu Legislative Assembly from No.47, Anaicut Assembly Constituency (Tamilnadu) in the election held on 08.05.2006.

(2.) Petitioner-Varalakshmi contested in the Tamilnadu Legislative Assembly Election 2006 as Pattali Makkal Katchi [PMK] candidate from No.47, Anaicut Assembly Constituency. Polling took place in 221 Polling Stations on 08.05.2006. Electronic Voting Machines [EVMs) have been used for polling of votes in those 221 Polling Stations and the polling was closed at 5.00 P.M. on 08.05.2006 and the EVMs were sent to Thanthai Periyar Polytechnic, Vellore on 08.05.2006 itself and kept in a strong room. Counting of votes polled took place on 11.05.2006 from 8.00 A.M. onwards. 1st Respondent-Pandurangan was declared as elected on 11.05.2006 with a margin of "53" votes.

(3.) The averments in the Election Petition are that EVM from Polling Station No.13, Chinnapallikuppam was counted in Round No.2 in Table No.1. The said EVM was verified and found that it was pertaining to Polling Station No.13, Chinnapallikuppam. The seals were removed, but when the button was pressed, there was some problem. One Ms.Geetha, technician was sent for and she came and verified and told that by mishandling of EVM, the result got erased. The said EVM for No.13, Chinnapallikuppam was counted in Round No.2 in Table No.1 showed against each candidate " 0 - 0 - 0" as the result. The result was also written in the black board which was noted by the Petitioner's counting agent Mr.Parthasarathy [PW4]. Petitioner gave objection to the Election Observer at 12.10 P.M. on 11.05.2006 seeking re-polling. According to Petitioner, everyone reconciled to the position that there will be re-polling in Polling Station No.13, Chinnapallikuppam and hence, the Petitioner and her Chief Election Agent and also the Counting Agents rushed to Chinnapallikuppam which was 35 to 40 km away from the place of counting.