Madras High Court
K.Udhayakumar vs Palanijothi on 8 August, 2022
CRP(PD)(MD)No.1602 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(PD)(MD)No.1602 of 2022 and
CMP(MD)No.6924 of 2022
K.Udhayakumar ... Petitioner
Vs
1.Palanijothi
2.Karuppaiah
3.The Election Officer/Block Development Officer Regular),
Thirupullani Panchayat Union,
Thirupullani,
Ramanathapuram District.
4.The District Election Officer/District Collector,
Sethupathy Nagar,
Ramanathapuram Town. ... Respondents
Prayer: Petition filed under Article 227 of the Constitution of India, to
set aside the fair and decreetal order dated 13.07.2022 passed in
I.A.No.74 of 2022 in E.L.O.P No.15 of 2020, on the file of the
Additional District Judge, Ramanathapuram.
1/12
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CRP(PD)(MD)No.1602 of 2022
For Petitioner : Mr.V.Meenakshisundaram
For R1 & R2 : Mr.J.Barathan
For R3 & R4 : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
As against the order passed by the learned District Judge,
Ramanathapuram in I.A.No.74 of 2022 in E.L.O.P.No.15 of 2020,
dated 13.07.2022, this Civil Revision Petition is filed.
2.The petitioner is the first respondent in E.L.O.P No.15 of
2020. The petitioner is the elected/returned candidate in the election
conducted on 27.12.2019 at Mallal Panchayat, Keelakarai Taluk,
Ramanathapuram District. The first respondent, who lost the election in
three votes filed the above E.L.O.P No.15 of 2020, before the Principal
District Court, Ramanathapuram, on the ground that in the names of
five persons who are already dead and in the names of five persons,
who are living in abroad, votes have been cast upon and by producing
relevant documents such as passport details of the persons, who are
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CRP(PD)(MD)No.1602 of 2022
living in abroad and the death certificates of the deceased, the first
respondent has filed the above election petition, to declare the election
results published on 02.01.2020, as null and void. The said application
was filed in the month of February 2020. The first respondent has
completed his evidence on 09.01.2021 and the petitioner has completed
his evidence on 23.09.2021. Pending the election petition, the first
respondent/the petitioner herein filed C.R.P.(MD) Nos.280 & 372 of
2022, as against the dismissal order passed in I.A.Nos. 60 & 51 of
2021, which was filed for amendment of counter affidavit filed in
E.L.O.P.No.15 of 2020. The above Civil Revision Petitions have been
dismissed with certain observations as against the first and third
respondents. Thereafter, I.A No.74 of 2022 has been filed by the
petitioner herein, under Section 151 of Civil Procedure Code on
29.06.2022, to re-open the evidence on his side for examination of
booth agents as witnesses, when the main election petition was posted
for arguments and the same was dismissed by the trial Court on the
ground that as per Section 258(6) of Tamil Nadu Panchayat Act, the
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CRP(PD)(MD)No.1602 of 2022
election petition has to be concluded within a period of six months.
Further, the trial Court observed that the election petition is pending
from the year 2020 and this application is filed belatedly, after the lapse
of 2 ½ years for examination of witnesses and it is purely to drag on the
proceedings and rejected the application. Aggrieved over the same, the
present Civil Revision Petition is filed.
3.The learned counsel appearing for the petitioner submits
that the witnesses, who have to be examined are the booth agents, who
were present in the respective election booths at the time of polling and
therefore, they are the necessary witnesses for deciding the main
election petition. He further submits that the relevancy of examination
of booth agents is only for answering the allegations of the identity of
the persons, who have cast upon their votes and to decide whether the
records maintained by the election officer is correct or not. He further
submits that the examination of such witnesses is not to drag on the
proceedings and the petitioner must be provided with such opportunity
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CRP(PD)(MD)No.1602 of 2022
and if this opportunity is not provided to him, he cannot establish his
case properly before the trial Court. He also undertakes to produce all
the witnesses on a single day with chief and also ready to subject
themselves for cross examination on the same day itself.
4.The learned cousnsel appearing for the first respondent
on caveat entered appearance and submits that this Civil Revision
Petition is filed only to drag on the proceedings, which is pending
before the trial Court. According to the learned counsel, the election
petition has been filed in the month of February 2020 and the same is
pending for the past 2 ½ years. Even in the counter affidavit, the
respondents have admitted that the petitioner has secured less votes
than the first respondent. Moreover, they have attempted to drag on the
proceedings by filing the applications in I.A.Nos.58 and 60 of 2022,
seeking for amendment in the counter affidavit, which was rightly
rejected by the trial Court, as against which, the petitioner and the third
respondent have filed Civil Revision Petitions before this Court in
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CRP(PD)(MD)No.1602 of 2022
CRP(MD) Nos.280 and 372 of 2022, which was also dismissed by this
Court on 05.03.2022 with the following observations as against the
petitioner and the third respondent:-
“8.The first and third respondents in E.L.O.P.No.15 of
2020 have filed an affidavit on 17.02.2021. Already
petitioner side evidence was closed. R.W.1 was also
cross examined and the case was posted for cross
examination of R.W.2. At this stage, the petitions in
I.A.Nos.60 nad 51 of 2020 have been filed under
Order VI, Rule 17 of Civil Procedure Code to amend
the counter.
9.Almost, in the counter, all the paragraphs have to
made correction. If the petitiones in I.A.Nos.60 & 51
of 2020 are to be allowed, great prejudice caused the
entire evidence of P.W.1.
10.Since the facts of the cases are different, the
Judgment reproted in 1998-1-SCC 278 & 2015-10-
SCC-203 are not applicable to the case on hand.
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CRP(PD)(MD)No.1602 of 2022
11.Belatedly, the first and third respondents have filed
the petitions in I.A.Nos.60 & 58 of 2021 in
E.L.O.P.No.15 of 2020, without any proper reason.
12.The main averments stated in the plaint are
counting of votes are not done properly. The 1st and
3rd respondents have colluded with each other and
now, both of them have filed these amendment
petitions to amend number of votes already stated in
counter. It goes into the roots of the matter.”
5.The learned counsel further submits that the main petition
is filed that in the names of the persons, who are in abroad and already
dead, votes have been caste upon in Mallal Panchayat election and
therefore, the election results published on 02.01.2020 has to be
declared as null and void. The examination of booth agents is irrelevant
to the case and the particulars with regard to the votes polled and the
persons who voted, have already been placed on record by the third
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CRP(PD)(MD)No.1602 of 2022
respondent/Election Officer before the trial Court and therefore, by
examining the booth agents, the petitioner cannot develop his case and
examination of booth witnesses is not helpful to decide the election
petition in any way. Therefore, this application, according to the
learned counsel is only to drag on the proceedings and to fill up the
lacuna. Hence, this Civil Revision Petition is liable to be dismissed.
6.This Court considered the rival submissions made and
also perused the materials placed on record.
7.It is seen from the records that I.A No.74 of 2022 is filed
by the petitioner for re-opening and examination of five witnesses in
the election OP No.15 of 2020 filed by the first respondent herein. The
said application has been filed in the fag end of the trial, when the case
was posted for arguments. The trial Court dismissed the application on
the ground that this application has been filed only to drag on the
proceedings. The learned counsel for the respondent has also produced
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CRP(PD)(MD)No.1602 of 2022
the earlier order of this Court passed in CRP(MD)Nos.280 and 372 of
2022, dated 15.03.2022, wherein, certain observations have been made
as against the petitioner and the third respondent.
8.After arguing for a while, the learned counsel appearing
for the petitioner has come forward with a plea that he will produce all
five witnesses on a single day before the trial Court and also subject
themselves for cross examination on the same day itself.
9.In view of the specific stand taken by the learned counsel
for the petitioner that he will produce all the witnesses on a single day
and also subject themselves for cross examination on the same day
itself, this Court without expressing anything on the merits of the
relevancy of the witnesses, is inclined to dispose of this Civil Revision
Petition with the following directions:-
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CRP(PD)(MD)No.1602 of 2022
i. The petitioner is directed to produce all five witnesses on
17.08.2022, before the trial Court. The election
petitioner/respondent shall also cross examine those witnesses on
the same day itself.
ii. Since the election application is pending from the year 2020, the
trial Court shall decide the relevancy of the witnesses at the time
of disposing the main election petition in E.L.O.P.No.15 of 2020.
iii. The parties shall conclude their arguments within a period of one
week from thereon.
iv. The election petition is also to be concluded within a period of 15
days from thereon.
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CRP(PD)(MD)No.1602 of 2022
10.With the above directions, this Civil Revision Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petition
is closed.
08.08.2022
Index : Yes / No.
Internet : Yes / No.
vrn
To
The Additional District Judge, Ramanathapuram.
Note: Issue order copy on 11.08.2022.
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CRP(PD)(MD)No.1602 of 2022
B.PUGALENDHI, J.
vrn
Order made in
CRP(PD)(MD)No.1602 of 2022
08.08.2022
https://www.mhc.tn.gov.in/judis
