P KUMAR Vs. SARUBALA R THONDAIMAN

JUDGEMENT

(1.) THIS is an application filed by the first respondent in the Election Petition (ELP No.4/2009) under Order 14 Rule 8 of O.S. Rules read with Order 6 Rule 16 of CPC. Election Petition No.4 of 2009 was presented by the first respondent in this application under Section 81 read with S.100(1)(d)(iii) and (iv) and Section 129 of the Representation of Peoples Act 1951 (for short RP Act). The petition was presented on 29.6.2009. Thereafter, the matter was assigned to this court by the Hon'ble Chief Justice. The matter pertains to the challenge made to the election of the present applicant (who is the first respondent in the election petition) as the successful candidate for the Tiruchirappalli Parlimentary Constituency (No.24).

(2.) ORIGINALLY orders were reserved on 26.2.2010. Subsequently, it was posted on 11.2.2011 for further clarification. After getting certain points clarified, it was reserved for orders.

(3.) THE Tiruchirappalli Parliamentary Constituency comprises of six assembly segments, i.e. Srirangam Assembly (139), Tiruchirappalli West Assembly (140), Tiruchirappalli East Assembly (141), Tiruverumbur Assembly segment (142), Kandarvakottai (Reserved assembly segment-178) and Pudukkottai Assembly segment (180). THE first respondent originally appointed one T.A.Omprakash as her Chief Election Agent. In respect of each assembly segments, she had nominated 14 persons as counting agents. Polling took place for the constituency on 13.5.2009. THE counting of votes took place in the premises of the Jamal Mohammed College at Tiruchirappalli in the presence of 24th respondent Returning Officer as well as Assistant Returning Officer and other Election officials. Though the first respondent was not present during the counting process, her Chief Election Agent and other counting agents were present inside the hall where the counting took place on 16.5.2009. It was her understanding that counting of votes took place in various rooms inside the college premises as per the assembly segmentwise. It was also alleged that after counting, the 24th respondent Returning Officer had declared that the present applicant (R-1 in the election petition) as having been successfully elected as a Member of Parliament. His winning margin was announced as 4335 votes.