IMPORTANT POINT
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 and acceptable evidence to justify a recount.

JUDGMENT :

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order passed in Election O.P.No.10 of 2020 dated 04.12.2023 on the file of the I Additional District Court, Thoothukudi.)

1. Challenging the fair and decreetal order passed in Election O.P.No.10 of 2020, dated 04.12.2023, on the file of the I Additional District Court, Thoothukudi, this revision has been filed.

2. The facts in brief :

2.1. The first respondent herein namely Muralimanohar contested Kayamozhi Village President Election, which was held on 27.12.2019. Respondents 2 to 7 and the petitioner were the rival contestants. He was allotted with Bell symbol. Respondents 2 to 7 and the petitioner were allotted with various symbols as detailed in the petition, which is not relevant for consideration now.

2.2. The total wards in the Village Panchayat is 9. Total number of Villagers are 4579. The number of Villagers also detailed in the petition, which are also not relevant material for reconsideration now. The Elections were held in various places as detailed in the petition. The counting was held on 02.01.2020 at St. Susai Higher Secondary School, Adaikalapuram.

2.3. The petitioner and his agents were present at the counting centre. The counting began at 08.00 a.m. on 02.01.2020. The election was conducted for various posts namely Union Councillor, District Panchayat Councillor, Village President, Panchayat Ward members, etc., All the voted Ballot papers were placed in the same ballot box.

2.4. The Election Officer allowed the Election petitioner, other candidates and the agents at about 03.00 p.m. Even before that the ballot boxes were found opened. Votes for various posts were segregated. The votes polled for the Kayamozhi Village Panchayat President were kept separate. The counting of votes completed at 05.00 p.m. The first respondent was declared as Winner by a margin of 51 votes and he was asked to wait outside to get the Certificate of Declaration. But, at about 06.00 p.m., the Election Officer declared that the 5th respondent Rajeswaran, who is the petitioner herein, won the Election by a margin of one vote. On hearing the same, the first respondent was very shocked and surprised. He was told that he secured 1070 votes, whereas the 5th respondent secured 1071 votes.

2.5. The Election Officer ought not to have made a second declaration. On enquiry, he was told that postal votes were counted now only. So he gave a petition to the Election Officer for recounting. But that was straight away rejected and declared the results that the 5th respondent i.e., the petitioner herein won the Election.

2.6. He demanded the consolidated statement of the details. He was allowed to take photographs of the consolidated statement in his cellphone. On going through the statement he found various alterations, corrections, etc., He also came to know that the votes were counted at the whims and fancies, by the Election Officer. With motive, the Election Officer declared 5th respondent as a winning candidate.

2.7. So he strongly pleads and suspects that there is a foul play. Serious irregularity was committed by the Election Officer. So he sent a detailed representation dated 03.01.2020, that was not considered. So he filed W.P.(MD).No.510 of 2020, that was dismissed with a direction to approach the Election Court or Tribunal. Hence, the above said Election Original Petition came to be filed.

2.8. On the above said grounds, he seeks recounting of votes, consequently, declaring that the election of all or any of the returning candidates as void and further declaration that the candidate who secured highest votes be declared as duly elected.

3. Election Petition was contested by the contesting respondents by filing counter.

3.1. The 5th respondent namely Rajeswaran, who is the petitioner herein, filed his counter stating that there was no illegality or irregularity committed by the Election Officer. The actual votes