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11. The second respondent, District Electoral Officer-cum-District Collector, has admitted the fact that the third respondent herein Returning Officer-cum-Special Deputy Collector, Sedapatti Panchayat Union had given complaint to the Inspector of Sedapatti Police Station against the fourth respondent that she had involved in booth capturing and torn ballot papers. Hence, case in Crime No.213 of 2011 on the file of the Sedapatti police station was registered against the fourth respondent, Mrs.Santhakumari. The second respondent has further stated that FIR was registered by the said police on the same date, 30.11.2011, on the complaint given by the third respondent. On receiving the letter from the third respondent on 30.11.2011, the second respondent sent his letter in Na.Ka.No.69214/2011/Oo.Va.18, dated 30.11.2011 to the first respondent stating the entire incident, that had taken place on 30.11.2011 during the counting process. The second respondent has specifically stated in the counter that the entire election process had been video-graphed. According to the second respondent, since the counting of votes was not completed, no one was declared as Vice-Chairman of the Panchayat Union by the respondents 1 to 3.

12. The writ petitioner filed M.P.(MD).No.2 of 2012, seeking direction to the respondents 1 to 3 to produce the original Compact Disc, that was video- graphed on 30.11.2011 during the counting process of the election for the Vice- Chairman of Sedapatti Panchayat Union, with the CD player before this Court. Having considered the facts and circumstances and also the submissions made by both the learned counsel, this Court directed the respondents 1 to 3 to produce the original Compact Disc and CD, that was video-graphed on 30.11.2011, during the counting process of election for Vice-Chairman of Sedapatti Panchayat Union with C.D. player. In fact, Mr.K.Chellapandian, learned Additional Advocate- General fairly submitted to this Court that the counting of votes was properly video-graphed by the officers of the respondents 1 to 3, in order to maintain transparency in the election process and that the respondents 1 to 3 are also ready to produce the same in a sealed cover to be played in this Court.

14. While playing the CD and viewing the video-graphed scenario of the incident, that occurred on 30.11.2011 during counting process of the election, Mr.Veera Kathiravan, learned counsel appearing for the petitioner identified a middle aged women, who was capturing the ballot papers from the custody of the Election Officer and torn the same, as Mrs.Santhakumari, the fourth respondent in W.P.(MD).No.14029 of 2011.

15. Mr.K.Chellapandian, learned Additional Advocate-General also confirmed that the said middle aged women is the fourth respondent, Mrs.Santhakumari. With regard to the identification of the women, who snatched the ballot papers just before the end of the election process is undoubtedly identified as Mrs.Santhakumari, who was also a candidate in the election. Apart from both the officers, who were present in the open court also confirmed the identity of the women, Mrs.Santhakumari, the fourth respondent in the writ petition.

26. This Court also find it reasonable to record its view that to strengthen democracy that all the political parties should act against booth capturing and destroying ballot papers, irrespective of the political party of the person concerned, since the same is against the free and fair election process in the democratic set up and no way should encourage illegality against the democratic process of conducting free and fair election.

27. It is seen that the Returning Officer, the third respondent and the second respondent, District Electoral Officer-cum-District Collector, Madurai have acted properly as independent Election Officers. However, in spite of the complaint given by the third respondent, who is the Returning Officer-cum- Special Deputy Collector, concerned police authority has failed to take immediate action to arrest the present, so as to create awareness in the minds of the people and the candidates not to indulge in any illegal acts against the democratic process.