N GOKULA KRISHNAN Vs. S A THIRUMANI NADAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 13.10.2009, made in the memo in the election original petition in O.P.No.85 of 2008, on the file of the the learned Principal District Judge, Changalpattu.

(2.) The petitioner in the present Civil Revision Petition is the fourth respondent in the Election petition in O.P.No.85 of 2008, pending on the file of the learned Principal District Judge, Changalpattu. The first respondent in the present Civil Revision Petition is the petitioner in the Election Original Petition in O.P.No.85 of 2008. The Election Original Petition has been filed by the first respondent herein to set aside the declared result of ward No.III in the Cantonment Board Election, St. Thomas Mount-cum-Pallavaram 2008, as null and void and order the first respondent functioning under the second respondent to conduct immediate re-counting of votes polled for ward No.III in an unbiased and democratic way.

(3.) The election original petition had been filed by the first respondent stating that he had contested in ward No.III of the St.Thomas Mount-cum-Pallavaram Cantonment Board Election 2008 held, on 18.5.2008. After the polling was over, the counting of the votes numbering 2268 out of the total number of votes of 3215 in the ward No.III, had commenced at 8.00 a.m., on 19.5.2008. The counting of the votes for Ward Nos.I and II had started at 8.00 a.m., on 18.5.2008, and it had been completed after nearly 4 hours. Thereafter, the results of the election were announced. However, with regard to Ward No.III, the counting of the votes had commenced after lunch, on 19.5.2008 and it had been hastily completed within 45 minutes after the counting had commenced, in spite of the demand made by the petitioner to the second respondent Returning Officer to count the votes slowly and properly.