P. MALLIGA Vs. P. KALAIVANI AND ORS.

JUDGEMENT

(1.) CHALLENGING the order passed in Election Original Petition No. 8 of 2011, on the file of the learned Principal District Judge, Dharmapuri, the first respondent in the Election Original Petition has filed this Civil Revision Petition.

(2.) THE First respondent filed an Original Petition under Sections 51 -A and 51 -B of the Tamil Nadu District Municipalities Act, 1920, (hereinafter referred to as the Act?), to declare the election conducted for the Dharmapuri Municipality 15th Ward Member, on 17.10.2011, as null and void and to declare that the victory of the revision petitioner as null and void.

(3.) THE second respondent was the Election Officer and the third respondent was the District Election Officer and they were under the control of the first respondent. The first respondent lost his victory by a single vote. According to the first respondent, one Ramesh Kumar who is the Government servant has voted twice for the first revision petitioner and therefore, she was defeated in the election. The first respondent also contended that for violating the law during the election held on 17.10.2011 and in the counting held on 27.10.2011, since, the revision petitioner belongs to the ruling party, the respondents 2 and 3 were acting in her favour.