PADHMA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS writ petition relates to the order passed by the State Election Commissioner dated 6.10.2006 by which the Election Commissioner held that the petitioner being the contesting candidate through her husband threatened the Assistant Returning Officer and tampered the records., thereby disqualifying the 4th respondent being contested for the election to the post of President of the Panchayat in Vagavayal Village, Ramannathapuram District.

(2.) THE State Election Commissioner exercised power under Rule 143 of the Tamil Nadu Panchayats (Elections) Rules 1996 and held that the proceedings of the Assistant Returning Officer be cancelled and the election to the post of President of Vagavayal Village was adjourned to a later date. It was stated that the District Election Officer/District Collector recommended the cancellation of the proceedings of the Assistant Returning Officer. He has also further stated that it was not possible to rectify the tampered records which resulted, in rejection of the nomination papers of the 4th respondent as invalid so that the petitioner could get elected unopposed.

(3.) HEARD the arguments of Mr. M. Ajmal Khan, learned counsel for the petitioner, Mr. R. Janakiramulu, learned Special Government Pleader appearing for R-1 to R-3 and Mr. R. Babu Jaganath, learned counsel for R-4