Several important points not considered by the Tribunal.

1. The writ petition is for the issue of writ of Certiorarified Mandamus to call for the records connected with the judgment and decree dated 23.9.1998 made in Election Original Petition No.67 of 1996 on the file of the tenth respondent and quash the same and grant the reliefs as prayed in the Election Original Petition No.67 of 1996 on the file of the tenth respondent.

2. When the matter came up for hearing on 17.4.2000, learned counsel Mr. S.R. Raghunathan who has entered appearance for the second respondent has submitted that as there was no instruction from the second respondent in spite of repeated reminders to the second respondent through post with acknowledgment due, he is withdrawing the vakalat to appear on behalf of the second respondent. He has also made an endorsement to that effect on the case bundle. On the basis of his submission, this Court by order dated 17.4.2000, directed the Registry to send notice to the second respondent returnable by 6.6.2000 and private notice was also permitted by this Court. Notice was sent by the Registry on 13.6.2000. The matter again came up for hearing on 29.6.2000. There was no representation for the second respondent. Heard the learned Senior Counsel for the petitioner and the Special Government Pleader for the first respondent. The matter is decided on merits.

3. The case of the petitioner is that he has contested as a candidate on behalf of the AIADMK party in the Election for Chairperson of Inam Karur Town Panchayat (Special Grade) Karur, Deeran Chinnamalai District. The first respondent was the Returning Officer. Respondents 2, 3 and 6 to 9 have also contested in the said election as independent candidates. The third respondent has contested on behalf of C.P.I. party and the fourth respondent has contested on behalf of C.P.I.(M) party. The second respondent was declared as an elected Chairperson to Inam Karur Town Panchayat. The election was held on 9.10.1996. Counting took place on 14.10.1996. The election result was declared on 14.10.1996 by the first respondent. The second respondent was declared as an elected Chairperson of Inam Karur Town Panchayat (Special Grade) Karur Deeran Chinnamalai District, by a margin of 148 votes against the petitioner. The petitioner has submitted an application before the first respondent for recounting before he completes and signs the result sheet in the form specified for that purpose. His request was rejected. According to the petitioner, the first respondent ought to have passed written orders on the application submitted by the petitioner for recounting, as per Rule 66 of the Tamil Nadu Panchayat Election Rules, 1995. The petitioner has made representations to the District Collector and also to the Chief Election Commissioner, State of Tamil Nadu, for recounting. As there was no response, the petitioner filed writ petition No.15599 of 1996 before this Court. By order dated 30.10.1996, this Court directed the petitioner to raise the issue by way of Election Petition since the election was over. In pursuance of the said direction, the petitioner has filed Election Petition No.67 of 1996 before the tenth respondent Additional District Judge, for a direction to recount all the votes already counted with regard to the election of Chairperson of Inam Karur Town Panchayat, Karur, to declare the election of the second respondent N. Selvaraj as Chairperson of Inam Karur Town Panchayat as void and to declare the petitioner N. Ponnusamy has been duly elected as Chairperson of Inam Karur Town Panchayat. Before the tenth respondent, the petitioner has also filed Exs.A1 to A4 namely written request for recounting submitted to the first respondent by the petitioner, Form-22 Result of election issued by the first respondent, complaint dated 16.10.1996 submitted to the District Collector and request for recounting sent to the Chief Election Commissioner of the State of Tamil Nadu on 19.10.1996. The election petition was dismissed by the ten