R. PALANISELVI Vs. TAMILNADU STATE ELECTION COMMISSION

JUDGEMENT

(1.) It is a case where this Court earlier took cognizance in regard to the serious allegation against the Returning Officer and the fifth respondent, who changed the result of the election after its declaration.

(2.) The petitioner was declared as the winning candidate for Ward No.10 of T.Kallupatti, Madurai District. It was after drawing of lots because the petitioner and the fifth respondent secured equal 284 votes in the election to Town Panchayat. The draw of lots was captured by CCTV camera, pursuant to the guidelines issued by the Election Commission to capture all the events of election and the direction by this Court to conduct free and fair election.

(3.) The allegation made by the petitioner was regarding the change of result after declaring and flashing the name of the petitioner as the winning candidate. Her name was later on withdrawn and the fifth respondent was declared to be an elected candidate. A serious allegation of manipulation was made and accordingly, this Court directed learned counsel for the State Election Commission to produce the footage of CCTV camera covering the event of draw of lots and it was produced before the Court on 3/3/2022. On playing the same, it was found that the petitioner remains successful in the draw of lots and accordingly, initially, her name was flashed as the winning candidate. But, subsequently, it was changed and the fifth respondent was declared to be the winning candidate.