Wednesday, Sep 03, 2003
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By J. Venkatesan
A Bench, comprising the Chief Justice, V.N. Khare, and Justice S.B. Sinha, gave the direction on a special leave petition (SLP) filed by Mr. Chinnasamy against the High Court judgment dated November 7, 2002, ordering recount of the votes.
The Bench on November 14 last had stayed the recount of votes.
The defeated DMK candidate, K.C. Palanisamy, filed an election petition in the High Court. During the pendency of this petition, it ordered recount of votes. Even as recounting of about 70,000 votes was completed, Mr. Chinnasamy moved the apex court, which stayed the recount.
In today's hearing, the Bench also said the case would be listed for further hearing after the receipt of the records.
In his SLP, Mr. Chinnasamy said the High Court ordered recounting when the alleged complaint preferred by the chief election agent of Mr. Palanisamy before the Returning Officer was that the result might be declared after recounting of the rejected votes.
The Returning Officer, after enquiry, rejected the complaint, but the High court ``wrongly proceeded'' and ordered recounting of entire votes within a 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 material particulars, he said.
Seeking a direction for dismissing the SLP and vacating the stay, Mr. Palanisamy said the High Court ordered recount of votes on the basis of irregularities in the counting, particularly the failure on the part of the Returning Officer to independently exercise his function in deciding upon doubtful votes.
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