A.V. PALANISWAMI Vs. V. RAMAMURTI AND ORS.

JUDGEMENT

(1.) FOURTH Respondent in I.A. No. 981 of 1971 is the petitioner herein. I.A. No. 981 of 1971 was filed on O.P. No. 18 of 1970, on the file of the District Munsif Vs Court (Election Court), Tirupur, by the first respondent herein. The said I.A. was for recounting of the votes which were produced before the Election Court. The main O.P. No. 18 of 1970 in which I.A. No. 981 of 1970 was filed, was for setting aside the election of the petitioner herein as President of the Appayanaiekenpatti Panchayat and to declare that the first respondent herein is the duly elected President of the said Panchayat.

(2.) THE first respondent and the petitioner contested the election to the Presidentship of the Appayanaiekenpatti Panchayat. The first respondent contested the election under the symbol of "Road Roller", while the petitioner contested under the symbol of 'Pumpkin'. Ultimately, the Election Authority declared that the first respondent secured 710 votes and the petitioner, 712 votes, and declared that the petitioner was the successful candidate for the post of President of Appayanaickenpatti Panchayat. Aggrieved by the said declaration, the first respondent filed the election petition O.P. No. 18 of 1970 aforesaid.

(3.) ON 21st July, 1971, the first respondent filed I.A. No. 981 of 1971 for a recount, alleging, among various other things, that the declaration of 60 invalid votes was, improper, that some of the invalid votes were counted in favour of the petitioner, and that if the votes were recounted the first respondent will be automatically declared elected.