P DHARMALINGAM Vs. ARUMUGHAM ALIAS SATTU

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed under Article 226 of the Constitution of India, challenging the order of the Election Tribunal, under the Tamil Nadu Panchayat Act, 1994, and the rules there under made in Election Original Petition No.299 of 2006 on the file of the Principal District Judge, Chengalpattu to declare the election of the First Respondent void by setting aside the order and decretal order dated 28.08.2009 and declare that the Petitioner is the duly election President of Madiathur Village and other consequential relief.

(2.) IT is admitted fact that the Petitioner herein had contested for the post of President of Madiathur Village Panchayat as an independent candidate and the Petitioner was allotted -lock and key- symbol. The First Respondent also contested for the said post as an independent candidate and he was allotted -bulb- symbol, and the aforesaid election was held on 15.12.2006. As per the averments of the Election Petition, after the counting of votes on 18.10.2006, it was announced that the votes polled in favour of the First Respondent was 378 and in favour of the Petitioner herein was 377, invalid votes were 12 and the total votes polled was 767. The Petitioner was present at the time of counting of votes and found three of the votes out of 12 votes declared had been caused in favour of the Petitioner. According to the Petitioner, the said three votes had been declared as invalid, on account of splitting of little drop of ink in the ballot papers however, the Petitioner would say that the aforesaid three votes ought to have been counted in favour of the Petitioner and on the aforesaid circumstances, the Petitioner herein submitted a letter on 18.10.2006 requesting the Returning Officer, Tiruporur for re-counting of votes before declaring the election results.

(3.) IT is seen that the Election Tribunal, learned Principal District Judge, Chengalpattu, framed the following point for consideration.-Whether the election of the First Respondent as Panchayat President of Madiathur Village during the election dated 15.10.2006 is null and void?-IT is seen that the Petitioner himself was examined as P.W.1, on the side of the Petitioner and Exs.P.1 to P7 were marked. The First Respondent was examined as R.W.1 and the then Election Officer was examined as R.W.2. The call letter dated 18.10.2006, for taking charge for the post of Panchayat President, Form 26 Notice, Form 25 Declaration of Election results, were marked as Exs.R1 to R3. Considering the evidence both oral and documentary and also the arguments advanced by both the learned Counsel, the learned Principal District Judge, Chengalpet, dismissed the Election Petition filed by the Petitioner herein.