K THANGAVEIU UDAYAR Vs. RAMALINGAM

JUDGEMENT

(1.) BOTH these revisions are filed under Art.227 of the Constitution of India against the order of the Election Tribunal which dismissed the Election Petitions. C.R.P.No.1730 of 1998 arises from Election O.P.No.12 of 1996, and C.R.P.No.1761 of 1998 arises from Election O.P.No.73 of 1996, on the file of Principal District Judge, Tiruchi. In Election O.P.No. 12 of 1996, petitioner wanted to declare the election of the 1st respondent therein who was declared elected as Chairman to the Panchayat Union Council of Veppanthattai, as invalid. In Election O.P.No.73 of 1996, petitioner therein wanted a declaration that the election of the respondent as member of a ward, is invalid.

(2.) IN both these election petitions, two grounds are raised, namely, (1) Respondent's name is not included in the electoral roll in the Ward for which he filed his nomination and, therefore, the acceptance of his nomination by the Returning Officer was not proper. (2) The second ground is regarding his election as Chairman. There are 21 Ward Members. The dispute is regarding three ballot papers. A doubt arose regarding two votes which were counted in favour of first respondent V.Ramalingam. According to the petitioner in Election O.P.No.12 of 1996, they should have been counted in his favour, or at any rate, they should not have been counted in favour of the first respondent, and in that way, he ought not to have been declared as Chairman of the Panchayat.

(3.) RULES have been framed under the Tamil Nadu Panchayats Act, Part III deals with preparation and publication of Panchayat Electoral Roll. Rule 14 reads thus: