Upholding the punishment imposed on an Election Officer who in the 2006 Assembly elections allowed 26 bogus votes to be cast, the Madurai Bench of the Madras High Court observed that the election was the touchstone of the democratic process.
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The court was hearing the petition filed by A. Jegarajan who was posted as the Election Officer in 2006 at a polling booth in Thirumalairayapuram, Athoor Assembly constituency in Dindigul district. He challenged the punishment imposed on him by the inquiry committee on charges of serious irregularities and misconduct.
Charges were framed against the petitioner and a criminal case was registered against him based on a report by the Election Commissioner. The Judicial Magistrate concerned acquitted the petitioner and the charges against him were quashed.
However, departmental proceedings against the petitioner concluded that all the charges framed against the delinquent officer had been proved on the point of preponderance of probability. The same was confirmed by the appellate authority and the review authority.
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Justice RMT. Teekaa Raman observed that the petitioner, being a government servant appears to have colluded with one political party in order to allow 26 votes to be recorded in the electronic voting machine over and above the voters attended as per the voters list.
As per the evidence of the departmental witness, 26 voters had not even come to the booth and due to the misdeeds of the petitioner, one person benefited and was declared elected. Dismissing the petition, the judge said that the punishment imposed by the disciplinary authority cannot be termed as excess.