K. JAYARAJ Vs. P.M. PONUUSWAMI AND ANR.

JUDGEMENT

(1.) THE petitioner in the Election Original Petition No. 30 of 1970., on the file of the Court of the Election Tribunal (Principal District Munsif), Turaiyur, is the petitioner herein. The revision petition under Article 227 of the Constitution of India is directed against the order of the Election Commissioner, rejecting the petition seeking to declare the election of the first respondent to the office of the Vice -Chairman of the Thathiangarpet Panchayat Union Council as invalid.

(2.) THE first respondent filed a counter contending that after scrutiny and counting of the votes cast, both the petitioner and the first respondent were declared to have obtained 13 votes each and as per the Rules lots were cast and the first respondent became successful and consequently declared elected as Vice -Chairman, that no objection was raised by the petitioner until the lots were cast, that the petitioner, having taken a chance of getting elected as a result of casting of the votes, has filed the present Election Petition because he did not succeed finally.

(3.) THE learned Counsel for the petitioner contends that the Tribunal erred in holding that the ballot paper containing the two marks is a valid one. In my view, the Tribunal has come to the correct conclusion. The Rules do not show that there should not be more than one cross mark for the candidates to whom the vote is cast. In fact, two cross marks may have resulted from the folding of the ballot paper and the finding of the Tribunal that the disputed vote had been validly taken into account is a question of fact and the finding on the question is correct and that finding cannot be attached in a Revision Petition under Article 227 of the Constitution. The Supreme Court in a series of cases has held that the jurisdiction of this Court under Article 227 of the Constitution is only administrative.