Can a three-year old child be allowed to draw a lot under the law to decide the result of an election? This question was raised in a writ petition in the Madras High Court by a defeated candidate, who lost the election in the lot. Mr Justice T. Ramaprasada Rao, dismissing the petition, said that according to the law, the mandate only directed a presiding officer to draw a lot and there was no irregularity and much less any illegality in the method adopted by the Revenue Divisional Officer in having utilised the services of a child for this purpose. In the election to the Chairmanship at Alangulam Panchayat Union Council, Tirunelveli District, held on August 13, 1970, Mr. K.A. Namasivaya Mudaliar and Mr. H.N. Maruthappa Pandyan — contestants — secured 14 votes each. It became necessary for the RDO, Alangulam, who was in charge of the conduct of the election, to decide the issue by lot. He requisitioned the services of a three-year-old child to draw a lot. The lot went in favour of Mr. Maruthappa Pandyan, who was declared elected. The defeated candidate, Mr.Namasivaya Mudaliar, filed the present petition challenging the process adopted by the RDO. It was his contention that under the election law, it was the duty of the presiding officer himself to draw a lot and that he should not use any other agency for this purpose. If he used any other agency, neither the letter nor the spirit of the rule was satisfied, it was further argued.
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