The secrecy of the ballot is a sacrosanct principle which cannot be lightly and hastily broken unless there is a prima facie genuine need for it.

1. This Revision is filed under Article 227 of the Constitution of India, challenging the Order of the Election Tribunal under the Tamil Nadu Panchayats Act, 1994, made in Election Original Petition No. 12 of 1996, on the file of Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, dated 26. 1998.

2. The Election Original Petition was filed challenging the election of the petitioner herein, as President of Vennavalkudi Panchayat.

3. Reference to parties in this Order will be according to their rank in the Election Original Petition before the Election Tribunal below.

4. Petitioner and respondents contested the election for post of President to the said Panchayat under different symbols. Election was held on 110. 1996. According to the petitioner, wrong electoral roll was utilised by the presiding Officer. Though the petitioner and his agents protested against wrong electoral roll, their objection was of no use. Names of dead persons were not deleted from the electoral roll. Voters from other Panchayats were also included in the electoral roll. The Presiding Officer d id not take care about the electoral roll and the impersonation. The said votes polled in favour of first respondent are void and, therefore, they have to be excluded. It is also further said that while counting of votes, the petitioner and his agents represented the above facts and requested the Counting Officers and the Returning Officer, both orally and in writing to reject the votes polled by these persons. It is said that the Counting Officers wantonly put the petitioner’s valid votes in invalid vote box. The petitioner’s valid votes were added in the invalid votes. Many votes which were polled in favour of petitioner were added to that of the first respondent. Counting Officers were also not in a position to know what are valid votes and invalid votes. Counting was also going on in a great speed, and petitioner’s agents were not allowed to inspect the same, and finally the result was declared, by which the first respondent was declared elected by a margin of one vote. Petitioner gave a represent ation to the Returning Officer for recounting. He did not give any acknowledgment, and also did not agree for recounting. Petitioner has, therefore, filed the Election Petition to declare the election of the first respondent as void, and to declare the petitioner as duly elected as President of Vennavalkudi Village Panchayat, and for costs.

5. A detailed counter was filed by first respondent wherein all the allegations made in the election petition were denied. It is said that during polling, there was no objection from any source, and even during counting, there was no room for any complaint. The allegation that valid votes of petitioner were treated as invalid, is denied. According to first respondent, there was no irregularity or illegality either during polling or counting, and the Election Petition is liable to be dismissed.

6. During trial, P.Ws. 1 to 4 were examined, and Ex. A-1 was marked on the side of the petitioner. No documents were marked on the side of first respondent. Exx. X-1 to X-9 were marked through witness. Petitioner was examined as P.W.1 and P.Ws.2 to 4 were also examined on his side. First respondent was examined as R.W.1 and another witness was examined as R.W.2.

7. After considering the entire evidence, the Election Tribunal held that no dead person was included in the Electoral roll, and there were no voters from other Panchayats, who cast their votes in the Election in question, and there was no irregularity in the voting.

8. Regarding counting, the Tribunal held that during first round, what was the number of votes polled by petitioner and first respondent, no details are given. It was further found that an application was filed by petitioner at 11-35 p.m. for recount, though the election was declared at 10-30 p.m. Therefore, it was found that there must be irregularity in the counting and, therefo