Tamil Nadu - Chennai   

CPI (M) candidate’s petition dismissed

CHENNAI: The Madras High Court on Monday dismissed a petition with costs of Rs.5000, filed by CPI (M) candidate, challenging the election of an AIADMK nominee in Singanallur Assembly constituency in May 2006. The costs should be paid to the returned candidate.

In his order, Justice C. Nagappan said the petitioner was not entitled to any relief in the election petition.

A. Soundararajan, the CPI (M) candidate, said postal ballots polled in his favour were not kept separately and no record with break-up details of the postal ballot papers was maintained by the Returning Officer. Everything was done in a hurry.

He sought a declaration of the election of Mr.Chinnaswamy, the AIADMK candidate, as void and an order to rescrutinise the voting results recorded in the electronic voting machines (EVMs).

On whether the petitioner was entitled to the relief of rescrutiny of voting results recorded in the EVMs, counsel for the returned candidate submitted that there was no complaint about recording of votes by EVMs and the control units were kept safely. Counting was done after careful inspection of the control units by the petitioner and his election and counting agents. No complaint had been made with regard to any control unit.

The Judge said the submission was well-founded. In the absence of material facts covering the issue and in the absence of evidence, the petitioner was not entitled also to the relief of re-polling of 1099 postal ballot papers.

The petitioner had not pointed out any specific violation or non-compliance of any of the Rules 23 to 27 of the Conduct of Election Rules. There was also no oral evidence adduced regarding the non-compliance of the provisions, the Judge said.

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