Back
B. PUGALENDHI
K. Muthu Sumathi – Appellant
Versus
Tamil Nadu State Election Commission, Rep. by its Commissioner, Chennai – 600106 – Respondent
ORDER :
[PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the order dated 28.10.2022 passed by the learned I Additional District Judge, Election Tribunal, Madurai, in Election O.P.No.40 of 2022 and set aside the same.]
1. The petitioner was a candidate and she contested for the post of Councilor of Ward No.26 of Madurai Corporation, but has failed. She has filed a petition in Election O.P.No.40 of 2012 under Rule 118 of the Tamil Nadu Town Panchayats, Third Grade Municipalities and Municipal and Corporation Councils (Elections) Rules, 2006, before the I Additional District Court, Election Tribunal, Madurai, for a declaration and for recounting of the votes. The trial Court, by order dated 28.10.2022, dismissed this application and aggrieved over the same, the petitioner has filed the present revision petition.
2. According to the petitioner, she contested for the post of Councilor of Ward No.26 of the Madurai Corporation and her grievance is that the sixth respondent herein, who was her rival candidate, had been wrongly declared as the successful contestant. The polling of votes was conducted on 19.02.2022 from 07
The judgment established the principle that a high standard of proof is required for ordering a recount of votes in election disputes, and emphasized the need for a prima facie case with substantial ....
The secrecy of the ballot is sacrosanct, and a recount of votes should only be ordered based on specific and proven allegations, following the prescribed procedure.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
Recounting of votes is permissible when a prima facie case is established, supported by clear allegations of irregularities and corroborating evidence, despite the need for maintaining ballot secrecy....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
