R. PANDIAMMAL Vs. S. MUTHULAKSHMI

JUDGEMENT

(1.) Pandiammal, namely the first respondent in the Election O.P.No.1/2011 on the file of the Principal District Judge, Ramanathapuram (Election Tribunal) is the petitioner in C.R.P.(NPD)(MD) No.802/2013. Muthulakshmi, the petitioner in the Election OP No.1/2011 is the revision petitioner in C.R.P.No.852/2013. Pandiammal figures as respondent No.1 in C.R.P.(NPD)(MD)No.852/2013 filed by Muthulakshmi and Muthulakshmi figures as respondent No.1 in C.R.P.(NPD)(MD) No.802/2013 filed by Pandiammal. One more contestant by name Mariammal and the Election Officer/Block Development Officer, Kamuthi Panchayat Union, Ramanathapuram District figure as respondents 2 and 3 in both the revision petitions.

(2.) Pandiammal, Muthulakshmi and Mariammal were the contestants in the local body election that was conducted on 19.10.2011 for the election of the President of Udayanathapuram Panchayat, Kamuthi Taluk, Ramanathapuram district. Pandiammal was allotted the symbol of scissors, Muthulakshmi was allotted the symbol of hand roller (if cUis) and Mariammal was allotted the symbol of 'lock and key'. Polling was held at five booths and a total number of 2227 votes were polled. Counting of the votes was done on 21.10.2011 and at the end of the counting Pandimmal was declared to have won the election by defeating her nearest rival candidate Muthulakshmi by a margin of "5" votes. As per the results declared, the votes polled in favour of all the three candidates as per the declared results are as follows: Pandiammal : 1028 Muthulakshmi: 1023 Mariammal : 121 Contending that as many as 45 votes were rejected as invalid and such rejected votes also contained the ballot papers polled in favour of Muthulakshmi and that 28 votes secured by Muthulakshmi had been improperly rejected as invalid by the Counting Officer, Muthulakshmi presented an application for re-counting. Rejecting the said application for re-counting, the Returning Officer declared the results of the election and announced Pandiammal to have won the election by a margin of five votes.

(3.) Muthulakshmi filed Election.O.P.No.1/2011 on the file of the Election Tribunal - learned Principal District Judge, Ramanathapuram, challenging the election of Pandiammal as President of Udayanathapuram Panchayat. In the said Election Original Petition, Muthulakshmi filed an interlocutory application as I.A.No.100/2011 praying for an order directing production of the ballot boxes in the court and for recounting of the votes by appointing a Commissioner for the said purpose. The learned Principal District Judge (Election Tribunal), after hearing, by order dated 21.08.2012, allowed the application and issued a direction for re-counting as prayed for in the interlocutory application and appointed Thiru.V.Jeevanandam, advocate as Commissioner for the purpose of re- counting. The said order of the learned Principal District Judge, Ramanathapuram was challenged before this court in C.R.P.(NPD)(MD) No.1825/2012. A learned single judge of this court, after hearing, allowed the revision, set aside the order of the Election Tribunal (Principal District Judge, Ramanathapuram) dated 21.08.2012 made in I.A.No.100/2011 in E.L.O.P.No.1/2011 and directed the Election Tribunal (learned Principal District Judge, Ramanathapuram) to dispose of the Election O.P.No.1/2011 within a period of one month from the date of receipt of a copy of the said order. Thereafter, the learned Principal District Judge, Ramanathapuram took up the enquiry.