M KALAIMATHI Vs. MUTHUSELVI RAVIKUMAR

JUDGEMENT

(1.) Challenging the order, dated 01.08.2008 made in E.O.P. No. 310 of 2006 on the file of the Principal District Munsif Court, Coimbatore, this Civil Revision has been preferred.

(2.) The Petitioner and the Respondents 1 to 3 herein contested in the local body election for the post of President of Ambothi village panchayat, Avinashi Taluk within the Annur Panchayat Union. The first Respondent herein was declared elected by the Election Officer, P.W.4. Challenging the same, subsequently, the Petitioner herein filed the petition under Sections 258 and 259 of the Tamil Nadu Panchayats Act 1994 r/w Rules 122 and 123 of the Tamil Nadu Panchayat Election Rules, 1995.

(3.) Mr. R. Jayaprakash, learned Counsel appearing for the Petitioner submitted that the first Respondent, Tmt. Muthuselvi Ravikumar was declared as winning candidate securing 496 votes, while the Petitioner herein, according to the Election Officer, secured only 495 votes. Learned Counsel for the Petitioner further contended that the first Respondent was declared elected by one vote in excess of the votes secured by the Petitioner herein. The main ground raised by the learned Counsel appearing for the Petitioner is that as per record, 250 voters were polled in Ward No. 3, however, while counting 249 votes alone were found, though that was brought to the notice of the fourth Respondent, Election Officer, no action was taken by him. The Petitioner as well as the first Respondent raised their objection, but the Election Officer, without intimating the same to the fifth Respondent, District Collector, declared the first Respondent as winning candidate. Learned Counsel appearing for the Petitioner also drew the attention of this Court to Section 259 (1) (b) of the Tamil Nadu Panchayats Act, 1994 (herein after referred to as Act) and Rule 62 of the Rules framed thereunder and contended that the election officer had not followed the mandatory provisions.