Madras High Court
S.Anthony vs The State Election Commissioner on 14 December, 2021
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana, P.Velmurugan
W.P(MD)No.22103 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)No.22103 of 2021
and W.M.P.(MD) Nos.18702 to 18704 of 2021
S.Anthony ... Petitioner
Vs.
1.The State Election Commissioner,
Government of Tamil Nadu,
208/2, Jawaharlal Nehru Salai,
Arumbakkam, Chennai – 106.
2.The District Electoral Officer-cum-
District Collector,
Thenkasi District,
Thenkasi.
3.The Returning Officer-cum-
Block Development Officer,
Alangulam Panchayat Union,
Thenkasi District.
4.Anthoni Sami ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the order 4th respondent as the Member of Ward
No.6 in Vadiyur Village at Aalangulam Panchayath Union, Thenkasi
District; published in Tamil Nadu Election Commission Website by the 3rd
respondent vide his proceedings dated 13.10.2021 and subsequent to his
proceedings of elected the 4th as the Member of Ward No.6 in Vadiyur
Village at Aalangulam Panchayath Union, Thenkasi District and quash the
same as illegal and consequentially to direct the respondents to recount
https://www.mhc.tn.gov.in/judis
Page 1/6
W.P(MD)No.22103 of 2021
the election strictly in accordance with the law in a free, fair in a
transparent manner by capturing video graph from beginning to end in
addition to surveillance of the election observer within a prescribed time
stipulated by this Hon'ble Court.
For Petitioner : Mr.S.A.S.Alaudeen
For Respondent No.1 : Mr.B.Saravanan
Standing Counsel
For Respondent Nos.2 : Mr.P.Thilakkumar
&3 Government Pleader
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition is filed, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the election of the 4th respondent as the Member of Ward No.6 in Vadiyur Village at Aalangulam Panchayath Union, Thenkasi District; published in Tamil Nadu Election Commission Website by the 3rd respondent vide his proceedings dated 13.10.2021 and subsequent proceedings of electing the 4th respondent as the Member of Ward No.6 in Vadiyur Village at Aalangulam Panchayath Union, Thenkasi District and quash the same as illegal and consequentially to direct the respondents to recount the votes strictly in accordance with law in a free, fair and in a transparent manner by capturing video graph from beginning to end in addition to surveillance of the election observer within a time frame. https://www.mhc.tn.gov.in/judis Page 2/6 W.P(MD)No.22103 of 2021
2.Mr.B.Saravan, learned Standing Counsel, accepts notice on behalf of respondent No.1 and Mr.P.Thilakkumar, learned Government Pleader, accepts notice on behalf of respondent Nos.2 and 3.
3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission.
4.The case relates to Panchayat elections. The election was notified for the post of Ward Councillor of Ward No.6, Vadiyur Village of Aalangulam Panchayat Union on 06.10.2021. The writ petitioner has also filed his nomination as an independent candidate. Though 4217 votes were polled in the booth as per the registers, the website of the Election Commission shows that 4243 votes were polled, which includes 26 postal votes, whereas the total postal votes polled were 76. According to the petitioner, certain postal votes were not accounted or miscalculated. Therefore, the petitioner wants recounting of the entire votes.
5.In this regard, it is pertinent to advert to Rule 66(1) and (2) of the Tamil Nadu Panchayats (Elections) Rules, 1995:
“66. Re-count of votes.-(1) After the completion of the counting and recording in Form 22 the total number of votes polled by each Candidate under sub-rule (2) of Rule 64, the Returning Officer shall announce the same. After such https://www.mhc.tn.gov.in/judis Page 3/6 W.P(MD)No.22103 of 2021 announcement and before the declaration of the result of the election, a contesting Candidate or in his absence his election Agent, may apply in writing to the Returning Officer for a re- count of all or any of the votes already counted stating the grounds on which he demands such re-count.
(2) On such application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part, or may reject it in toto if it appears to him to be frivolous or unreasonable.”
6.When the above said Rule of the Tamil Nadu Panchayats (Elections) Rules, 1995, contemplates a specific duty for the a contesting Candidate or in his absence his election Agent, to make an application in writing to the Returning Officer, it goes without saying that the Returning Officer is bound to consider the said application. It is also the bounden duty of the contestant or his agent to obtain an acknowledgment for the application. In the absence of the acknowledgment, there cannot be any presumption that the contestant had made an objection.
7.When this Court put a specific question to the learned counsel for the petitioner as to when such application for recounting was made to the Returning Officer, he is unable to answer as there was no such application made or any acknowledgment was obtained by him. Once the https://www.mhc.tn.gov.in/judis Page 4/6 W.P(MD)No.22103 of 2021 candidate has not made a written application for recounting to the Returning Officer, he cannot seek recounting before this Court, which has got no jurisdiction. Even presuming that he has to challenge the election, the same is provided for under Section 258 and 259 of the Tamil Nadu Panchayats Act, 1994. Thus, the Writ Petition is filed without any basis and without even adverting to the Panchayat Act, which provides for all the reliefs.
8.In view of the above, the Writ Petition is dismissed. For wasting the time of this Court, the writ petitioner is directed to pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the Hon'ble Chief Justice Relief Fund within six weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs.
Post the matter on 09.02.2022 for reporting compliance.
[P.S.N.,J] [P.V.,J.]
14.12.2021
Index :Yes/No
Internet :Yes/No
sj
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis Page 5/6 W.P(MD)No.22103 of 2021 PUSHPA SATHYANARAYANA, J.
and P.VELMURUGAN, J.
sj To
1.The State Election Commissioner, Government of Tamil Nadu, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai – 106.
2.The District Electoral Officer-cum-
District Collector, Thenkasi District, Thenkasi.
3.The Returning Officer-cum-
Block Development Officer, Alangulam Panchayat Union, Thenkasi District.
W.P(MD)No.22103 of 2021
14.12.2021 https://www.mhc.tn.gov.in/judis Page 6/6