BAGYAM Vs. KALAIVANI AND ORS.

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 05.07.2014 passed by the Learned Principal Judge, Villupuram, in Election O.P. No. 8 of 2012. The civil revision petitioner is the second respondent in Election O.P. No. 8/12. The first respondent filed the Election O.P. against the petitioner and five others under Sections 258,259 and 260 r/w. Rules 122 and 137 of the Tamil Nadu Panchayat Election Rules, 1955.

(2.) The brief facts of the case are as follows: On 19.10. 2011, an election was conducted for the post of Mailam Union 3rd Ward Councilor. The petitioner, the first respondent and the respondents 3 to 5 herein contested in the election. On 21.10.2011, the 6th respondent counted the votes. Out of 3556 total votes, 3315 voters cast their votes. The petitioner had secured 1,031 votes, the first respondent had secured 966 votes, the 3rd respondent had secured 160 votes, the 4th respondent had secured 592 votes and the 5th respondent had secured 414 votes.

(3.) The first respondent filed the election petition alleging that the 6th respondent started counting the votes in the absence of contestants and the 6th respondent had taken independent candidate, the petitioner herein and one Prakash, the Son of D.M.D.K. candidate with him and removed the seal from the ballot boxes and then only other contestants and agents were permitted to enter the counting centre. It is further alleged that the first respondent herein raised her objection for the improper counting of votes and immediately, after the counting process was over, the first respondent addressed letters to all the higher Authorities questioning the validity of the election of the petitioner herein and sought for re-counting of votes. Since it was not acceded by the election petitioner. Hence, the election petition.