The Division Bench of the Madras High Court, comprising Chief Justice Munishwar Nath Bhandari and Justice D. BHaratha Chakravarthy in the case of R.Palaniselvi v. Tamil Nadu State Election Commission & Ors. has ordered the Returing Officer representing the State Election Commission to file an affidavit stating the name of the person who had forced him to manipulate the result of Tamil Nadu Local Body Elections.
Background of the Case
The petitioner was declared as the winning candidate for Ward No.10 of T.Kallupatti, Madurai District. It was after drawing of lots because the petitioner and the fifth respondent secured equal 284 votes in the election to Town Panchayat. The allegation made by the petitioner was regarding the change of result after declaring and flashing the name of the petitioner as the winning candidate. Her name was later on withdrawn and the fifth respondent was declared to be an elected candidate.
Aggrieved by the manipulation, the Petitioner has filed this present writ petition before the Court.
Reasoning and Decision of the Court
The Court had earlier took cognizance in regard to the serious allegation against the Returning Officer and the fifth respondent, who changed the result of the election after its declaration.
The Court further in the previous hearing directed the learned counsel for the State Election Commission to produce the footage of CCTV camera covering the event of draw of lots and it was produced before the Court on 03.03.2022.
On playing the same, it was found that the petitioner remains successful in the draw of lots and accordingly, initially, her name was flashed as the winning candidate. But, subsequently, it was changed and the fifth respondent was declared to be the winning candidate.
The Court was further informed that as the manipulation in change of result was found apparent on the face of the record, learned counsel for the State Election Commission was asked to keep the Returning Officer concerned to be present in Court. Pursuant to the direction aforesaid, the Returning Officer, who is now placed under suspension by the State Election Commission for changing the result.
The Returing officer was present in the Court and accepted that due to the pressure by a group of persons, supported by the fifth respondent and when the things did not remain under his control, he had to change the result.
Considering the facts of the case, the Court directed the Returning Officer to file an affidavit narrating the events and who compelled him to change the result, within a period of ten days. After the filing of an affidavit by the Returning Officer before this Court, this Court would pass further order in the matter, as we are not closing it, though the result as per the draw of lots has been declared and the petitioner is held to be the winning candidate for Ward No.10.
The Court posted the matter on 18.03.2022 for next hearing.
Case Details
Case: - W.P.(MD) No.3794 of 2022
Petitioner: - R.Palaniselvi
Respondent: - Tamil Nadu State Election Commission & Ors.
Judge: Chief Justice Munishwar Nath Bhandari and Justice D. BHaratha Chakravarthy
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