R NAGESWARAN Vs. S JAYARAJ

JUDGEMENT

(1.) The petitioner in E.O.P. No. 62 of 2002 on the file of the Election Court (District Judge), Namakkal, is the revision petitioner. The Civil Revision Petition is directed against the order of dismissal of the petition in respect of the prayer sought for by the petitioner to declare him as the Vice President of Kalianoor Agraharam Village Panchayat in the election held on 31.10.2001 though the election of the first respondent as successful candidate for the said post was set aside in E.O.P. No. 62 of 2002 as per the order dated 08.10.2002.

(2.) The petitioner filed a petition in E.O.P. No. 62 of 2002 under Rule 122 read with Rule 75 of the Tamil Nadu Panchayats (Election) Rules, 1995 to set aside the election of the first respondent as the winner for the post of Vice President of Kalianoor Agraharam Village Panchayat in the election held on 31.10.2001 and consequently, to declare the petitioner as the Vice President of Kalianoor Agraharam Village Panchayat.

(3.) The petitioner filed the Election O.P. on various grounds and one among such grounds is, despite the fact that he has submitted written objections with regard to the the mode, conduct and manner of the second respondent, viz., the Assistant Election Officer (Extension Officer of Pallipalayam Panchayat Union), in receiving the nomination of the first respondent in violation of all the Rules and Democratic norms, the first respondent was declared elected by a margin of one vote. The electorate consists of 6 ward members and the President of Village Panchayat, totalling in all 7 votes. It is further stated in the petition that the petitioner was duly proposed and seconded by Ward members. The first respondent, who was the only rival candidate, was proposed and seconded by non-members of Kalianoor Agraharam Village Panchayat contrary to the Tamil Nadu Panchayats (Election) Rules, 1995.