P V THAMBIDURAI Vs. K PARAMASIVAN

JUDGEMENT

(1.) THE first respondent in El. OP No. 171 of 2001 on the file of the I additional District Court, Coimbatore, who is the successful candidate, is the revision petitioner. The first respondent herein, who is the nearest unsuccessful candidate has filed the above said Election Petition to call for the records namely the entire ballot papers, polled and unpolled, valid and invalid, in respect of the election for the post of President of R. Ponnapuram Panchayat and other connected records pertaining to the conduct of election and to declare that the first respondent herein is duly elected president of the said Panchayat in the election held on 16-10-2001 by declaring the election of the revision petitioner herein as President of R. Ponnapuram Panchayat as void and for other reliefs. In the said election petition, the first respondent herein has filed I. A. No. 61 of 2002 under section 130 of Tamil Nadu Panchayat Rules, 1995 to send for the ballot papers and connected records, which was allowed by the court below, hence the present revision is filed under Article 227 of The Constitution of India.

(2.) MR. Srinath Sridevan, learned counsel appearing for the revision petitioner submits as follows:-

(3.) IN support of the above contentions, the learned counsel for the petitioner relied on the below mentioned decisions:-i) (Ram Sewak Yadav vs. Hussain Kamil Kidwai and others) AIR 1964 Supreme Court 1249 wherein in para Nos. 6 and 7, it was held thus:-