STATE ELECTION COMMISSIONER Vs. R. JAYALAKSHMI

JUDGEMENT

(1.) By consent, both the writ appeals are taken up together and disposed of.

(2.) These appeals have been preferred on a very short and narrow compass. The subject matter of the writ petitions is with respect to the mistake committed in conducting the Election. The learned Single Judge, upon going through the relevant records and on hearing the arguments of all the sides, held that the first respondent/writ petitioner having been allotted "Auto Rickshaw symbol" as against the "lock and key symbol" to the first respondent, the subsequent confusion is self-inflicted and on extraneous consideration. Accordingly, the writ petition was allowed directing the appellant to do the consequential act to declare the first respondent/writ petitioner as elected.

(3.) The only contention raised by the learned Senior Counsel appearing for the appellant is that the appellant being a neutral body and in the absence of any statutory prescription, cannot carry out the direction as against the Returning Officer, who has also been arrayed as the second respondent.