G. VELMURUGAN Vs. SOUNDARAVALLI

JUDGEMENT

(1.) These Civil Revision Petitions have been preferred against the order of the learned Principal District Judge, Ramanathapuram, dated 9.7.2012 made in Election O.P. No. 5 of 2011 declaring the election of Velmurugan, the First Respondent in the Election O.P. as invalid as he was disqualified from contesting the election for the post of President of Peraiyur Panchayat and declaring Soundaravalli, the Petitioner in the Election O.P. to have won the election. The candidate declared by the Election Officer as the elected candidate for the post of President, Peraiyur Panchayat, namely G. Velmurugan, who figured as Respondent No. 1 in the Election OP, has filed C.R.P. (MD). No. 1474 of 2012 (NPD). Yet another candidate who lost the election, namely S. Sathiaselvan, who figured as the Second Respondent in the Election OP, has chosen to prefer C.R.P. No. 1853 of 2012 challenging the very same order of the learned Principal District Judge, Ramanathapuram, insofar as the learned Principal District Judge in the said order had held that S. Sathiaselvan was also disqualified to contest the election to the Office of the President of Peraiyur Panchayat under the Tamil Nadu Panchayats Act, 1994. Since both the Civil Revision Petitions have been filed by two different persons, who figured as Respondents 1 & 2 respectively in the same Election OP, challenging the very same order, both the Civil Revision Petitions were heard together and are now disposed by a common order.

(2.) The election to the Office of the President, Peraiyur Panchayat in Kamuthi Taluk and Panchayat Union, Ramanathapuram District was held on 19.10.2011. (1) Soundaravalli W/o. Niraikulathan, (2) Velmurugan S/o. Gandhi, (3) Sathiaselvan S/o. Sathaiah, (4) Sakthivel S/o. Moses @ Udaiyan, (5) Palanisamy S/o. Subramani, and (6) Muthaiah S/o. Muthaiah were the six contestants, who contested the election. They were allotted the following symbols:

(3.) Soundaravalli, who figures as the First Respondent in both the Civil Revision Petitions, filed Election O.P. No. 5 of 2011 under Section 258 of the Tamil Nadu Panchayats Act, 1994 and Rule 122 of Tamil Nadu Panchayats (Election) Rules, 1995 contending that Velmurugan was disqualified from contesting the election, as he had subsisting contracts with Peraiyur Panchayat and also Kamuthi Panchayat Union; that though the said objection for accepting his nomination was raised by her at the time of scrutiny of Nomination Papers, the Election Officer disregarded her objection, accepted the nomination of Velmurugan and conducted the election; that similar objection was also raised in respect of the nomination of Sathiaselvan on the ground that his name was not found in the Voters List pertaining to Peraiyur Panchayat and the said objection was also brushed aside by the Election Officer, namely the Commissioner, Kamuthi Panchayat Union; that during the counting, she and her agent raised similar objection and requested the Election Officer to reject the votes polled in favour of Velmurugan (the Petitioner in C.R.P. (NPD)(MD) No. 1474 of 2012/First Respondent in the Election O.P.) and Sathiaselvan (the Petitioner in C.R.P. (NPD)(MD) No. 1853 of 2012/Second Respondent in the Election O.P.) and declare the results based on the votes secured by other four contestants, namely Soundaravalli, Sakthivel, Palanisamy and Muthaiah; that the Election Officer disregarded the objection and completed the counting, which resulted in the Election Officer declaring Velmurugan to have won the election and that since the Returned Candidate was disqualified from contesting the election, his election should be declared invalid and she, who had got the next higher number of votes, should be declared to have won the election. Soundaravalli, who figures as the First Respondent in both the Civil Revision Petitions, chose to file the above said Election Original Petition, namely Election O.P. No. 5 of 2011 on the file of the learned Principal District Judge, Ramanathapuram arraying the other five contestants, namely Velmurugan, Sathiaselvan, Sakthivel, Palanisamy and Muthaiah as Respondents 1 to 5 and the Election Officer/Commissioner, Panchayat Union, Kamuthi, as Respondent No. 6.