ERA SEZHIYAN Vs. T R BALU

JUDGEMENT

(1.) This is an Election petition under Ss.81 and 84 read with Ss.100(1)(d)(iii) and (iv) and 101 (a) of the Representation of the People Act of 1951 to declare as invalid the election of the first respondent in the election of six members to the Rajya Sabha by the elected members of the Tamil Nadu Legislative Assembly held on 28-6-1986 and to declare that the petitioner as having been duly elected in the said election.

(2.) The brief facts of the case of the petitioner are these : (a) The election of six members to the Rajya Sabha by the elected members of the Tamil Nadu Legislative Assembly was held on 28-6-1986. The petitioner and the respondents 1 to 7 were the eight candidates in the field, all their nominations having been found valid. The 8th respondent was the Returning Officer. The polling took place as scheduled on 28-6-1986 and immediately thereafter, the ballot box was opened and the votes were sorted out in the order of first preference votes. The following were the particular of the first preference votes secured by the candidates : <FRM>JUDGEMENT_50_AIR(MAD)_1988Html1.htm</FRM> Out of the 33 first preference votes cast in favour of the petitioner, one ballot paper was rejected by the 8th respondent, Returning Officer on the ground that in the said ballot paper the first preference was marked otherwise than with the article supplied for the purpose. According to the working result sheets of the counting as maintained and announced by the 8th respondent, the following were the particulars of votes secured by each candidate at the end of the counting : <FRM>JUDGEMENT_50_AIR(MAD)_1988Html2.htm</FRM> In consequence, the 8th respondent declared respondents 1 to 6 as having been duly elected.

(3.) The first respondent has raised the following contentions :-