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The counting of votes took place at St. Mary's Girls High School, Mettur on 14-6-1977. The initial counting commenced at 11 a.m. and ended at 3 a.m. on the 15th June, 1977. The counting is alleged to have been done in three rounds. After the counting was over the respondent filed an application before the Returning Officer for a re-count on the ground that there were a number of counting errors due to the shortage of staff and the tables on which votes were counted, paucity of light and the fact that the counting staff became absolutely exhausted and tired. The Returning Officer rejected the prayer of the respondent for re-count and went ahead with the declaration of the results.

The learned Judge after taking evidence of both the parties rejected most of the allegations made by the respondent but accepted the allegation that there were some counting errors at two tables, that there was paucity of light and that the counting staff was completely tired and exhausted, during the third round.

We would, therefore, briefly summaries the allegations made by the respondent in his election petition in order to show whether the allegations were clear and specific.

In para 7 of the election petition the respondent alleged that the counting of votes was not done properly or with due care and diligence, but was often hurried through amidst much noise and interruption and disturbance. It was also alleged that the lighting in the hall was poor and insufficient and there was much scope for error and there were numerous errors in the counting throughout and specially in the third round. It was also complained that there were only 24 tables and counting was done in three rounds and the third round took place near about the mid- night and lasted till 3 a.m. It was also said that as the margin of votes secured by the respondent and the appellant was only 19 this was the result of grave irregularities and illegalities and errors in the counting. A perusal of para 7 of the election petition clearly shows that all the allegations made by the respondent were extremely vague, no particulars were given either of the segments in which the voting was counted or number of tables which contained the errors by the counting officers, no complaint was made to the Counting Officers by the agents of the respondent when the counting was being done and which according to the respondent was defective or faulty. The narrow margin was attributed to grave irregularities and illegalities. The statement of the respondent in para 7 on this point may be quoted thus :-

This finding is also based on pure speculation and cannot be maintained.

Lastly, the learned Judge was greatly influenced by the fact that the margin by which the appellant succeeded was very narrow. This was undoubtedly an important factor to be considered but would not by itself vitiate the counting of votes or justify re-counting by the Court.

We would like to mention here that in fact the respondent had made an application before the Returning Officer for re-count but the actual application filed by the respondent has not been produced for the reasons best known to the respondent. It appears from Annexure II which is a certified copy of the order of the Returning Officer that three grounds were taken before the Returning Officer by the, respondent. In the first place, he expressed his suspicion that the votes would have been mixed relating to Narayanan (Congress) and other candidates; (ii) that many votes polled in his favour had been rejected, (iii) Postal ballots have been rejected without sufficient reasons. It may thus be pertinent to note that Dr. Chitale, learned counsel for the appellant's main plank of argument was that there was overwhelming evidence to show that there were several counting errors at Tables 2, 3, 7, 9, 12, 15, 17, 8, 10, 13 particularly stress was laid on Tables 2, 4, 6, 8, 9, 10 and 13.