P. SIVALINGAM Vs. G. ASOKAN

JUDGEMENT

(1.) Challenging the order passed in EOP No.5 of 2011 on the file of Principal District Court, Dharmapuri, the petitioner has filed the above Civil Revision Petition.

(2.) The Election Original Petition in EOP No.5 of 2011 was filed by the revision petitioner under Sections 258, 259, 260 r/w Rule 122 of the Tamil Nadu Panchayat Act to declare the election of the first respondent as the President of the Kolagampatti Village Panchayat as null and void and to declare the petitioner as the successful candidate for the post of President of Kolagampatti Village Panchayat and to order recount of the votes polled.

(3.) The brief case of the petitioner is as follows: According to the petitioner, the election for the post of the President of Kolagampatti Village Panchayat was held on 19.10.2011 and in the said election, the petitioner and the first respondent contested for the post of the President of the Panchayat. The Returning Officer did not properly seal the ballot boxes as per the Rules and thus, he allowed the ballot to be mishandled by the interested persons. The petitioner was not allowed to enter the counting room nor his agents to watch the counting in his absence.