T KARTHIKEYAN Vs. PRAKASH SHARMA

JUDGEMENT

(1.) In this appeal order dated 5th January, 2010 has been challenged by the appellant, which reads as under:- It is stated that subsequent to announcement and during process of election the respondents have issued order prescribing certain disqualifications that too at the stage and during the process of counting, debarring counting of votes of eligible voters. By virtue of the aforesaid, a particular candidate is going to be helped. This is otherwise an election controlled by the respondent no. 1, which is a statutory body. It is prayed that till next date respondents be restrained from declaring the result. Issue notice returnable within three weeks. Notices may be given 'dasti'. Respondents are restrained to declare result of the election involved in this writ petition till next date.

(2.) The writ petition was filed by the respondent having cause arisen to him from the order dated 30.12.2009 passed by the Returning Officer and Secretary, which reads as under:- This refers to the written objections received, amongst others, on need for verification of signatures and bulk posting allegedly made. In the course of dealing with the above objections and disposing of the postal ballot papers received from the Central India Regional Constituency (both for the 21st Council and 20th Regional Council), the following decision, amongst others, has been taken under Rule 39 (reproduced below) for disregarding the postal envelopes received. Ballot papers which are consecutively, posted and for which clear cut evidence is available in the postal receipt/envelope itself are treated as bulk posting in the context of Clause (4) of Schedule 7 to the Chartered Accountants (Election to the Council) Rules, 2006 (reproduced hereunder), the objective of which is to prevent misuse of postal ballots by persons other than the bonafide voters and in the light of the election dispute case settled by the Election Tribunal in the past. Clause 4, Schedule 7 The returning Officer shall disregard all covers containing the voting papers relating to two or more members and posted in one and the same envelope Rule 39 Returning Officer to decide on certain matters. - If any question pertaining to or incidental to the procedure for conduct of elections including matters not specifically covered by these rules, arises, it shall be decided by the Returning Officer or the officer authorized by him under these rules. Explanation: For the purpose of this rule, the conduct of election shall also include the process of counting of votes and declaration of results.

(3.) We have been told at the bar that the process of election to the Central Council of Chartered Accountants of India commenced from 3rd September, 2009 and votes were also cast by the voters. During the process of counting of the votes, they deviced some process for counting of the votes of particular voters and passed the order dated 30.12.2009, which according to the writ- petitioner is prejudiced to his interest.