ORDER

1. Leave granted.

2. The issue that arises for consideration is as to whether the Court of first instance (Election Tribunal) after the judgment of the Division Bench of the High Court which held that the Returning Officer has become functus officio once the Form 25 was issued to the Appellant at the first instance, can go into the subsequent action taken by her or not.

3. Though, arguments have been made at length by both sides, we are inclined to set aside the impugned judgment on the sole premise that the contention raised has already been dealt with by the Division Bench of the High Court and the same has attained finality inter se the parties in Writ Petition filed before the Madurai Bench of the Madras High Court, who are also the same parties in the present appeal. We only record the following paragraphs-

“21. In a Democratic Country like, India, the people expect the officials to remain neutral.

Once Form 25 Certificate is issued, the Returning Officer becomes functus officio and she has no power to entertain any application for recount as per Rule 66 of the Tamil Nadu Panchayats (Election) Rules, 1995 which deals recounting of votes.

22. Rule 66(5) of the Tamil Nad