EZHILARASI Vs. KAMALA

JUDGEMENT

(1.) THIS Civil Revision petition is filed under Article 227 of the Constitution of India against the order passed by the Principal District Judge, Villupuram sitting as election Tribunal in I. A. No. 554 of 2007 in Election o. P. No. 100 of 2006 dated 21. 7. 2007 dismissing the interlocutory application filed by the revision petitioner under Rule 68 of the Tamil Nadu Panchayats (Elections)Rules,1995 for a direction against the second respondent, the Returning Officer, to bring the ballot papers in sealed covers in respect of the election for the post of president of Pidagam village, Villupuram taluk held on 15. 10. 2006, to enable the Tribunal to open the same and count the votes.

(2.) THE case of the revision petitioner is that she has filed nomination for the post of President of Pidagam village in the election slated on 15. 10. 2006 and she was allotted 'lock and key' symbol. She contested for the post of President of Pidagam Panchayat comprising the villages, pidagam, Nathamedu, Kuchipalayam and Pidagam colony consisting of four wards for this panchayat, viz. , I, II, iii and IV for the abovesaid villages. The petitioner has alleged certain malpractices in the election and also in the process of counting. According to her, in respect of ward No. I, it consists of two booths, one for male and another for female. As per the records furnished by election officials in Form-20, in male ward 396 votes were polled and in female ward 470 votes were polled.

(3.) AS far as Ward No. II, the total number of votes polled were 680 as per Form-20 issued by the election officials. In respect of Ward No. III, 363 votes were polled as per Form-20. In respect of Ward No. IV, 391 votes were polled as per Form-20. Therefore, as per Form-20, according to the petitioner, total number of votes polled were 2168. However, when the counting took place on 18. 10. 2006, the number of votes found, including invalid votes, were 2155+2 votes received through postal ballot, thus totalling 2157. That apart, she has raised a dispute in respect of 50 ballot papers wherein thumb impressions were found on the name of petitioner, which were rejected at the time of counting and according to her, it is against the Rules. According to the petitioner, she, through her agent, objected the same at the time of counting orally. The results were declared on 18. 10. 2006, in which the first respondent was declared elected. It is with the said pleadings, the petitioner has filed the Election O. P. before the Tribunal to declare the election of the first respondent as void and for a further declaration that the petitioner was duly elected by ordering recounting of votes polled for the post of president of Pidagam village Panchayat.