The Hindu : SC stays recount of votes polled in Karur LS election

Online edition of India's National Newspaper
Friday, Nov 15, 2002

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National

SC stays recount of votes polled in Karur LS election

By Our Legal Correspondent

NEW DELHI Nov. 14. The Supreme Court today stayed further re-count of votes by the Registrar, Administration, Madras High Court, polled in the 1999 Karur parliamentary election in which the AIADMK MP, M. Chinnasamy, was declared the winner by a margin of 2,847 votes.

A three-Judge Bench comprising the Chief Justice, G.B. Pattanaik, Justice K.G. Balakrishnan and Justice S.B. Sinha, granted the stay when the special leave petition (SLP) against the November 7 high court judgment ordering recount was "mentioned" by senior counsel C.S. Vaidyanathan and C. Paramasivam for early hearing and stay of the counting under process.

The Bench, while staying the counting, however, said the ballot boxes could be kept in the high court itself until further orders. As caveats were filed on behalf of the respondents, K.C. Palanisamy of the DMK and others, their counsel took notice.

In his SLP, Mr. Chinnasamy said the high court had ordered recounting of the entire votes (within one week) when the alleged complaint preferred by the chief election agent of the petitioner, Mr. Palanisamy, before the Returning Officer was that the result might be declared after recounting of the rejected votes.

He said the Returning Officer, after inquiry, had rejected the complaint but the high court wrongly proceeded and ordered recounting of the entire votes within the short period by a unique procedure unknown to law.

The high court was in error when the allegations in the election petitions were vague and did not contain any material particulars. The petitioner said the SLP raised important questions of law, viz. whether the high court was correct in ordering recounting of the entire votes polled when it came to the categorical finding and conclusion that corrupt practices were not substantiated by the defeated candidate, Mr. Palanisamy.

He prayed for a direction to set aside the impugned judgment and an interim stay of further proceedings including re-counting of votes as directed by the high court.

Our Chennai Staff reporter adds:

As soon as the Supreme Court order was conveyed to the Madras High Court, the Registrar (Administration) Venkatesan, who was appointed to supervise the exercise, had the recounting process stopped around 4.45 p.m.

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