K.DEVADASS Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Can there be a legally and constitutionally sustainable law to select one out of two, who have been equally chosen by popular will, through a draw of lot is the issue raised in this petition where the relief sought is to declare Rule 67(1)(c) of the Tamil Nadu Panchayats (Elections) Rules, 1995 (for brevity, "the 1995 Rules") as invalid and ultra vires, as it is founded on an irrational logic of luck, being opposed to the democratic principles of the very rule itself that provides for election by votes and exercise of franchise by the electorate, and not by mere chance or addition of an imaginary uncast vote.

(2.) Learned counsel for the petitioner, while describing the rule to be irrational, urged that there was no declaratory law in the form of a precedent available on the issue at least of the Madras High Court and, therefore, the rationality of the rule should be tested and should be declared to be constitutionally invalid being violative of Article 14 of the Constitution of India.

(3.) The election for the office of President of Adaiyur Village Panchayat in the District of Tiruvannamalai was held on 27.12.2019. There were five candidates, including the petitioner - Mr.K.Devadass and the fifth respondent - Mrs.M.Kalaivani. It is not the case of the petitioner that there were any irregularities in the election, either in the casting of votes or in the counting process. It is admitted that both the candidates aforesaid polled 905 votes each at the hustings coupled with one postal ballot each to their credit. Thus, both of them got 906 votes resulting in a tie.