The statutory mandate for specific acts to be done in a particular manner must be upheld, and the court emphasized the importance of following the Election Rules 107 and 111 in the election process.

1. In E.O.P.No.306 of 2006 (C.R.P.(NPD) No.3137 of 2008), the following are the allegations found in short as follows:

1.(i) On 110. 2006 the petitioner was elected as Member of Ward No.8 in Goundenpalayam 3rd Grade Municipality in the Municipal Election. He contested in

A.D.M.K. Symbol. Goundampalayam Municipality consist of 18 wards. The following are the members elected under the symbols of the political parties:

(1) The members elected under AIADMK symbol:

a) Mrs. Rajeswari (4th ward)

b) Mrs. M. Saradha (7th ward)

c) Mr. M. Rajendran (8th ward)

d) Mr. V. Velumani (10th ward)

e) A. Rajendran (11th ward)

f) Mrs. M. Bagyalakshmi (12th ward)

g) R. Thangamani (15th Ward)

h) K. Balasundram (16th ward)

(2) The members elected under DMK symbol:

a) Tamilselvam (1st Ward)

b) Sivakumar (2nd Ward)

c) K.M. Sundaram (6th ward)

d) Mrs. Bhuvaneswari (18th ward)

(3) The members elected under Congress symbol:

a) K.S. Maheshkumar (3rd ward)

b) K.K. Shanmugam (9th ward)

c) P. Rajagopal (14th ward)

(4)The members elected under MDMK symbol:

a) Mrs. Nancy Michal (13th Ward)

(5) The members elected as individuals:

a) A. Nagaraj (5th Ward)

b) R. Rajagopal (17th ward)

1.(ii) The first respondent is the Returning Officer, who conducted the election of Chairman of the Goundenpalayam 3rd Grade Municipality on 210. 2006 at the Municipal office. The petitioner and the second respondent contested for chairmanship of the Municipality. Both of them obtained 9 votes each. But at the time of counting of votes, the first respondent found that one of the members has exercised the vote in favour of the petitioner by marking in blue ink. The first respondent told the members that as per the election advises given to them by the Tamil Nadu State Election Commission for the election of the Local Authority, the voters must use only Red Ink or Red Pencil while exercising their vote. Hence he declared the vote in blue ink exercised in favour of the petitioner as invalid. Then the first respondent declared the second respondent as elected as he obtained 9 (nine) votes. The petitioner and other members raised their objections for the said declaration made by the first respondent, but the first respondent ignored the objections. The petitioner on 210. 2006 itself and on 30.10.2006, by way of Registered Post with Acknowledgement Due, sent his objections and also by telex to the first respondent. In the Handbook of 2006 containing advices issued by the Tamil Nadu State Election Commission towards Local Authority Electioin, in para 10, the advise No.10.5 says that "the red colour pencil or red colour sketch pen may be used as an instrument for exercising the vote." It is further stated that to facilitate the voter, the election officer or the returning officer, has to provide the abovesaid instrument to every voter. It is further stated that the red colour pencil and red colour sketch pencil may be used as instrument in making the mark in the vote, but it does not say that the vote, containing the mark in an Ink other than red Ink as invalid.

1.(iii) The first respondent had neither conducted any meeting by calling the newly elected members of the Goundenpalayam Municipality nor explained the voters the voting procedure with reference to valid or invalid votes. No instructions was also affixed in the notice board regarding voting procedure. Without deciding the objections, the first respondent has no power to declare a person as elected. He should not have declared the result without referring the issue to his superior. Hence, the petition has been filed to declare the decision of the first respondent, proclaiming the second respondent as the Chairman of the Goundampalayam 3rd Grade Municipality, is improper and not valid in law and for directing the first respondent to conduct fresh elections to the chairmanship of the said Municipality after complying with the relevant provisions of law.

2. The following are the allegations contained in the counter filed by th