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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
M.Appavu, S/o. Muthuvelayudha Perumal Nadarn – Appellant
Versus
I.S.Inbadurai, S/o. Inbanayagam – Respondent
ORDER :
G.JAYACHANDRAN, J.
1.Heard Mr.A.E.Ravichandran, Learned Counsel for the Election Petitioner and Mr.N.C.Ashok Kumar, Learned Counsel for the 1st respondent. For the respondents 9 to 12, there was no representation.
2. In continuation of the earlier order passed by this Court in E.P.No. 2 of 2016, dated 01.10.2019, this Court passes the following order to give logical end to the litigation that has been pending for almost a decade.
3. The term ‘unfortunate’ may not be an adequate expression to describe the present case since in view of this Court, a grave mockery of justice, under the guise of dispensing justice been committed to the people of India, particularly the voters of No.228 Radhapuram Assembly Constituency, Tirunelveli District, who were forced to bear a person as their Assembly representative though he is not duly elected.
4. In short to recap, the Election Petitioner-Mr.M.Appavu lost to the 1st respondent-Mr.I.S.Inbadurai, as per the declaration made by the Returning Officer, by a margin of 49 votes. The Election Petitioner contended that valid votes cast in his favour been wrongly rejected and, therefore, there must be recount.
5. The said petition was opposed on the g
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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.
A recount order must be substantiated by clear allegations and evidence; vague claims do not justify such orders.
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 ....
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