K. Ravichandrabaabu, J.

This election petition is filed praying to declare the election of the Returned Candidate, the first respondent herein from No.185, Tiruppathur Assembly Constituency, Tamil Nadu, in election held on 13.04.2011 (in which results were declared on 13.05.2011) as void; to order Re-poll for the whole of No.185, Tiruppathur Assembly Constituency or to inter alia order re-poll in the above stated 39 Polling Stations and to pay the costs.

2. The case of the election petitioner is as follows:

(i) The Election Commission of India decided to hold General Elections to the Tamil Nadu Assembly and issued the necessary notifications and Election Schedule. The filing of Nomination commenced on 16.03.2011; last date for filing nomination was 26.03.2011; scrutiny of notimations was on 29.03.2011; date of election was fixed to 13.04.2011. Election to No.185, Thiruppathur Assembly Constituency in Tamil Nadu State, which is the subject matter of this election petition was scheduled to be held within the time table aforesaid. After scrutiny and withdrawals, the nomination papers of the petitioner and the respondents were accepted by the Returning Officer, Tmt. V. Alagumeenal. The petitioner contested as the Official Candidate of the All India Anna Dravida Munnetra Kazhagam (A.I.A.D.M.K.) in "Two Leaves" symbol and the first respondent, whose election is under challenge in this petition, contested as the Official Candidate of the Dravida Munnetra Kazhagam (D.M.K.) in "Rising Sun". The first respondent was the Sitting Member of the Assembly from Thiruppathur Constituency and he was the Minister for Hindu Religious and Charitable Endowments Department in the previous DMK Government at the time of election. The Returning Officer declared that the first respondent secured 83,485 votes as against 81,901 votes said to have been secured by the petitioner and consequently, declared the first respondent as having been duly elected by a margin of 1,584 votes. The first respondent managed to secure this victory by corrupt practices and by bringing undue influence on the District Election Officer and the Returning Officer in his capacity as the State Cabinet Minister and that the District Election Officer and the Returning Officer made ready a well designed ground for ensuring the victory of the first respondent by manipulating the Electronic Voting Machines (EVM). There were totally 279 Polling Stations in No.185, Tiruppathur Assembly Constituency.

(ii) The duty of the Returning Officer is to keep the Electronic Voting Machine in safe custody under proper security and not to allow outsiders to enter the room where the E.v.Ms are kept. There was a long gap of one month from the date of poll to the date of counting and the same was used by the first respondent to manipulate the E.V.Ms.

(iii) All the E.V.Ms. were brought to Alagappa Chettiar College of Engineering in Karaikudi and kept in the first floor without any security. On 12.5.2011, the petitioner's party men led by one Karuppiah caught a person with an E.V.M. in his possession entering the E.V.Ms. room. When the Returning Officer was informed the above fact, she came and managed to protect the intruder by giving lame excuses and escorted him in her car without handing him over to the police. Both of them gave conflicting versions regarding the entry with a E.V.M.

(iv) On 13.05.2011, counting of votes began around 8.00 a.m. in the ground floor hall containing 14 tables. Despite the use of mobile phones by candidates and their agents in the counting hall was completely prohibited, an intruder was found using his mobile. He was planted inside the counting area by the first respondent with the connivance of the District Election Officer and the Returning Officer to monitor and manipulate the counting in favour of the first respondent. The first respondent came to rescue the intruder. Later, the intruder was removed from the area by the police and no F.I.R. for trespass was lodged. Thu