K ASHOKAN Vs. S KUNASEKARAN

JUDGEMENT

(1.) PETITIONER herein is the first respondent in Election O.P. No. 57 of 1996 on the file of Election Tribunal (District Judge), Dindigul.

(2.) PETITIONER herein was one of the candidates for the post of President, Pallappatti Village Panchayat for which election was held on 9.10.1996. The Election Officer declared K. Ashokan (PETITIONER herein) as elected as he had secured 1997 votes and S. Kunasekaran (election petitioner) had secured only 1981 votes. It was said that there were four postal votes, and 240 votes were rejected as invalid. Election Petition was filed before the District Court on various grounds. It was alleged that the petitioner herein had indulged himself in corrupt practice, by paying Rs. 100/- per voter on the midnight of 8.10.1996. It was also alleged that the Returning Officer had removed some votes and added the same as fake votes, etc. It is also stated in the Election Petition that the petitioner herein had hired motor vehicles for taking voters to polling booth. The expenditure is also said to have exceeded the limit prescribed. It was alleged that the Returning Officer was all along prejudiced against the Election PETITIONER and, therefore, he rejected all the valid objections raised by him. It was further alleged that the Returning Officer was also acting according to his whims and fancies, violating all Rules. It is said that at the first round of counting, the election petitioner got 1017 votes and petitioner herein got 974 votes, and in the second round they respectively got 962 and 1021 votes. In the grounds raised in the election petition, various allegations have been made against the petitioner herein and also the Returning Officer.

(3.) THE first respondent herein anticipated the filing of a Revision and, therefore, he filed caveat and entered appearance through Counsel. THE entire matter was heard in detail at the time of admission.