V KASTHURI Vs. R SIVAPRAKASAM

JUDGEMENT

(1.) THIS revision has been directed against the order in Election Original Petition No.305 of 2006 on the file of the Principal District Judge, Coimbatore. The unsuccessful first respondent, who had lost her membership in the panchayat Ward No.12 of Anaimalai Panchayat Union in lieu of the order passed in EOP.No.305 of 2006 on the file of the Court of Principal District Judge, Coimbatore, is the revision petitioner herein.

(2.) ACCORDING to the petitioner in the Election Original Petition No.305 of 2006, the revision petitioner & R1 to R3 herein had contested in the Ward No.12 in Ramanamudalipudur for membership of the panchayat board, which was a reserved constituency and the said election was conducted on 13.10.2008. The petitioner belongs to DMK party and he was assigned "Rising Sun" symbol. The first respondent contested from AIADMK party and she was allotted "Two Leaves" symbol. The 2nd respondent was belonging to MDMK party and he was allotted 'Theebam' symbol. The 3rd respondent contested the election as an independent candidate and he was allotted "Coconut Tree" symbol. After the election was conducted, the results were announced on 18.10.2008. As per the result, the first respondent was declared as elected member after scoring 1181 votes. The petitioner had secured 1014 votes and the 2nd respondent had secured 55 votes and R3 had secured 29 votes. The first respondent's husband was working as a Village Administrative Officer. By using his influence, the first respondent, who is the wife of the 3rd respondent, had contested the election in the reserved seat, claiming that she belongs to Schedule Caste community, even though she belongs to Naickar community. Hence, the petition for cancellation of the membership of the first respondent in the said election.

(3.) THE 5th & 6th respondents have adopted the counter filed by the 4th respondent, which reads as follows:- THE petition is not maintainable. At the time of scrutiny of the applications for the elections, these respondents have not made neither oral nor written objection. Hence, the petition is liable to be dismissed.