1: Hon’ble Justice P.T. Asha of Madras High Court refuses to reject election petition filed by DMK candidate T. Senguttoven against AIADMK candidate K. Ashok Kumar. An election petition was filed by DMK candidate T. Senguttoven challenging the election of

[10/18, 14:21] Sekarreporter 1: Hon’ble Justice P.T. Asha of Madras High Court refuses to reject election petition filed by DMK candidate T. Senguttoven against AIADMK candidate K. Ashok Kumar.
An election petition was filed by DMK candidate T. Senguttoven challenging the election of AIADMK candidate K. Ashok Kumar from the Krishnagiri Constituency in May 2021 on the following grounds: Distribution of cash to voters as bribes, usage of official machinery of state for campaigning, suppression of properties in election nomination form, exceeding permitted election expenditure, improper rejection of postal votes and counting of EVM etc.,
The returned candidate had filed an application to reject the plaint. Sr. Adv. Mr. Ayyadurai appeared for the elected candidate and argued that the averments in the election petition are false and should be rejected without a trial.

Richardson Wilson, Advocate appeared for the DMK candidate (election petitioner) argued that the election petition cannot be rejected at the threshold since the petitioner has pleaded material facts that give rise to a cause of action. The veracity of the allegations can be proved only after trial and thus the Hon’ble Court must permit trial to proceed.

Today, Hon’ble Justice P.T. Asha pronounced the order, accepting the arguments of Richardson Wilson, Advocate for the election petitioner and has dismissed the application filed by the returned candidate to reject the election petition and held that the averments in the petition are sufficient for a trial in the matter.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

(ORIGINAL CIVIL JURISDICTION)

 

ELECTION PETITION NO. 9 OF 2021

 

 

1. Senguttuvan

S/o. Thimmappagoundar,

No. 1/48, Velgalahally Village,

Alapatti Post,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.

…      Petitioner

Vs.

 

 

• K

S/o. Krishnamurthy,

5/191,Thiruvalluvar Nagar,

II^nd Cross Street,

Krishnagiri- 635 001.

 

• K.M.

S/o. K.K. Mani,

No.1, Shanthi Nagar,2^nd Street,

Krishnagiri – 635 001

 

• S.

S/o. Selvam,

3/32, Ward No.1,

M- Nadupatti Village& Post,

BargurTaluk,

Krishnagiri- 635 203.

 

• Ameenulla

S/o. Basha,

20- A, Kumbarapettai,

Ward No.6 HosurTaluk,

Krishnagiri District- 635 109.

 

• K.S.

S/o. K.S. Subramani,

65/15 B, Jakkappan Nagar,

8^th Cross Street,

Krishnagiri- 635 001.

 

• V

W/o.Vadivelu,

1, Nagamangalam Village,

Achamangalam Post,

BargurTaluk,

Krishnagiri District- 635 108.

 

 

• R.K.

S/o. Kodhandaraman,

2/3, 3^rd Cross, Mohan Rao Colony,

Krishnagiri- 635 001

 

• T

S/o. N. Thagaraj,

3/216, EttikalAgaram,

Gangaleri,

Krishnagiri- 635 122.

 

• R

S/o. Rathinavel,

4/54, Mottur Village & Post,

KrishnagiriTaluk- 635 112.

 

• TVS Gandhi

S/o. Chinnasamy,

MIG- 8, Housing Board,

Kattiganapalli,

Krishnagiri- 635 001

 

• M

S/o. Munusamy,

3/350, SubedharMedu Village,

Kattinayanapalli Post,

KrishnagiriTaluk& District- 635 001

 

• M

S/o. Munusamy,

1/63, II^nd Cross,

Mullai Nagar,

Krishnagiri- 635 001.

 

• K

S/o. Krishnan,

3/259,

Kattinayanapalli,

Krishnagiri- 635 001

 

• C

S/o. Chinnasamy,

1/287,

K.V. Kovilkottai,

Sokkadi Village,

Moramadugu Post,

Krishnagiri- 635 122

 

• The Election Commission of India

Represented by its Chief Election Commissioner

NirvachanSadan, Ashoka Road,

New Delhi 110 001

 

• The Chief Electoral Officer, Tamil Nadu

Election Commission of India,

Public (Elections) Department, Secretariat,

Fort St. George,

Chennai – 600 009.

 

• The District Collector cum

District Returning Officer,

District Collector Office,

Krishnagiri District

Tamil Nadu –635001

 

• The Returning Officer

53,Krishnagiri Assembly Constituency,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.

 

• Karpagavalli

The Returning Officer

53,Krishnagiri Assembly Constituency,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.                                    …Respondents

 

ELECTION PETITION FILED UNDER SECTIONS 80, 80A, 81, 84 R/W SECTIONS 100, 101, 123, 123(6) & 129OF THE REPRESENTATION OF PEOPLE ACT, 1951 R/W THE CONDUCT OF ELECTION RULES, 1961

 

The above named Petitioner begs to submit as under:

 

1. The Petitioner is Senguttuvan.T, S/o. ThimmappaGounder, aged about 68 years,residing at 1/48, Velagalahalli Village, AlappatyPost,KrishnagiriTaluk and District, Tamil Nadu – 635122 .

The address for the service of all summons and processes on the Petitioner is that of his counsel M/s. P. Wilson Associates having office at JVL Towers, III^rd Floor, No. 51/G5- 3A, Nelson Manickam Road, Chennai- 600 029.

1. The 1^st Respondent is Ashokkumar. K, S/o. Krishnamurthy, aged about 68 years, residing at 5/191, Thiruvalluvar Nagar, II^nd Cross Street, Krishnagiri- 635 001.

• The 2^nd Respondent is Chandramohan. K.M., S/o. K.K. Mani, aged about 50 years, residing at No.1, Shanthi Nagar, 2^nd Street, Krishnagiri- 635 109

203. The 3^rd Respondent is Tamilselvan. S, S/o. Selvam, aged about 26 years, residing at 3/32, Ward No.1, M- Nadupatti Village & Post, BargurTaluk, Krishnagiri- 653 203.
204. The 4^th Respondent is Ameenulla, S/o. Basha, aged about 39 years, residing at 20-A, Kumbarapettai, Ward No.6 HosurTaluk, Krishnagiri District- 635 109.
205. The 5^th Respondent is Sasikumar. K.S, S/o. K.S. Subramani, aged about 46 years, residing at 65/15B, Jakkappan Nagar, 8^th Cross Street, Krishnagiri- 635 001.

• The 6^th Respondent is Nirandari. V,W/o.Vadivelu, aged about 26 years, residing at 1, Nagamangalam Village, Achamangalam Post, BargurTaluk, Krishnagiri District- 635 108.
• The 7^th Respondent is Ravishankar. R.K, S/o. R. Kodhandaraman, aged about 54 years, residing at 2/3, 3^rd Cross, Mohan Rao Colony, Krishnagiri- 635 001

122. The 8^th Respondent is Ruthramani. T., S/o. N. Thagaraj, aged about 40 years, residing at 3/216, EttikalAgaram, Gangaleri, Krishnagiri- 635 122.
123. The 9^th Respondent is Vijayakumar. R., S/o. Rathinavel, aged about 38 years, residing at 4/54, Mottur Village Post, KrishnagiriTaluk- 635 112.
124. The 10^th Respondent is TVS Gandhi, S/o. Chinnasamy, aged about 48 years, residing at MIG- 8, Housing Board, Kattiganapalli, Krishnagiri- 635 001

• The 11^th Respondent is Kumaresan. M., S/o. Munusamy, aged about 45 years, residing at 3/350, SubedharMedu Village, Kattinayanapalli Post, KrishnagiriTaluk and District- 635 001
• The 12^th Respondent is Gopinath. M., S/o. Munusamy, aged about 43years, residing at 1/63, II^nd Cross, Mullai Nagar, Krishnagiri- 635 001.
• The 13^th Respondent is Sakthi. K., S/o. Krishnan, aged about 30 years, residing at 3/259, Kattinayanapalli, Krishnagiri- 635 001
• The 14^th Respondent is Sivan. C., S/o. Chinnasamy, aged about 30 years, residing at 1/287, K.V. KovilKottai, Sokkadi Village, Moramadugu Post, Krishnagiri- 635 122

 

• The 15^th Respondent is the Election Commission of India, Represented by its Chief Election Commissioner, having office at NirvachanSadan, Ashoka Road, New Delhi – 110 001.
• The 16^thRespondent is the Chief Election Officer, Tamil NaduElection Commission of India, Public (Election) Department, having office at Secretariat, Fort of St. George, Chennai – 600009.
• The 17^thRespondent is the District Collector/District Returning Officer,having office at District Collector Office, Krishnagiri District, Tamil Nadu – 635 001

122. The 18^thRespondent is G. Karpagavalli, the Returning Officer/Revenue Divisional Officer, 53,KrishnagiriAssembly Constituency,KrishnagiriTaluk, Krishnagiri District, Tamil Nadu – 635 122.

• The 19^th Respondent is the Returning Officer/Revenue Divisional Officer, 53,KrishnagiriAssembly Constituency,KrishnagiriTaluk, Krishnagiri District, Tamil Nadu – 635 122.

The address for the service of all processes and summons on the Respondents is as stated above.

1. The Petitioner humbly submits that the petitioner belongs to the Dravida Munnetra Kazhagam party (hereinafter referred to as ‘DMK’ party). It is submitted that the Petitioner has been a resident of No. 1/48, Velgalahally Village, all his life right from his day of birth. It is submitted that the Petitioner was initiated to politics even from a very young age having been inspired by Periyar, Perarignar Anna and Dr.Kalaignar M. Karunanidhi and inspired and captivated by the dedicated work of the DMK Party President Thalapathi Mr. M.K. Stalin. Therefore, the Petitioner devoted himself to achieving the objects and philosophies of the DMK Party. The Petitioner is serving as District Secretary,Krishnagiriand Dharmapuri Districts for about 24 years, and presently Secretary of the Krishnagiri (east) District of the party.The petitioner contested as candidate for Krishnagiri and Veppanpalli and won last three consecutive Tamil Nadu Legislative Assembly Elections and served as Member of Legislative Assembly from 2006 to April,2021.
2. The Petitioner humbly submits that the General Elections to the 16^th Tamil Nadu Legislative Assembly, 2021 (hereinafter referred to as ‘the elections’ were notified on 26.02.2021 by the 15^thRespondent through press release issued on the same day. It is submitted that the schedule for the elections was published as follows:

Commencement of Nominations	12.03.2021
Last Date for filing Nominations	19.03.2021
Date for scrutiny of nominations	20.03.2021
Last date for withdrawal of candidatures	22.03.2021
Date of poll	06.04.2021
Date of counting and declaration of results	02.05.2021

 

 

 

3. The Petitioner humbly submits that the prime recognized political party of Tamil Nadu, the DravidaMunnetraKazhagam party sponsored the Petitioner as the DMK candidate for the 53, Krishnagiri Assembly Constituency on 12.03.2021 to contest under the DMK’s ‘Rising Sun’ symbol.
4. The Petitioner humbly submits that the filed the nomination papers on 17.03.2021 and the same was accepted after scrutiny on 20.03.2021. The list of candidates whose nominations were accepted and their respective parties as published by the Election Commission in the notice board and their respective symbols including the Petitioner and 1^st Respondent is furnished hereunder:

Sl. No.	Name of the Candidate	Party	Symbol
1.	Senguttuvan. T	DravidaMunnetraKazhagam	Rising Sun
2.	Ashokkumar. K	All India Anna DravidaMunnetraKazhagam	Two Leaves
3.	Chandramohan. K.M.	Nationalist Congress Party	Clock
4.	Tamilselvan. S	BahujanSamaj Party	Elephant
5.	Ameenulla	All India Majlis-E-IttehadulMuslimeen	Kite
6.	Sasikumar. K.S.	Anna PuratchiThalaivarAmmaDravidaMunnetraKazhagam	Jack Fruit
7.	Nirandari. V	NaamTamilarKatchi	GannaKisan
8.	Ravishankar. R.K.	MakkalNeedhiMaiam	Battery Torch
9.	Ruthramani. T	DesiyaMakkalSakthiKatchi	Foot Ball
10.	Vijayakumar. R	VeerathThiyagiViswanatha  doss ThozhilalarkalKatchi	Pestle and Mortar
11.	TVS Gandhi	Independent	T.V. Remote
12.	Kumaresan. M	Independent	Road Roller
13.	Gopinath. M	Independent	Dish Antenna
14.	Sakthi. K	Independent	Computer
15.	Sivan. C	Independent	Television

 

5. The Petitioner humbly submits thatthe Chief Election Agent for the petitioner was Mr. S. Tamil Selvan, son of the petitioner.
6. The Petitioner humbly submits thatthe elections to the 53, Krishnagiri Constituency (hereinafter referred to as ‘the constituency’) were held along with 233 other constituencies in the State on 06.04.2021 and the 1^st Respondent was declared as the returned candidate by the 18^th Respondent on 02.05.2021. It is submitted that as per the results declared by the 18^th Respondent, the Petitioner has obtained 95,256 votes and the 1^st Respondent has obtained 96,050 votes. Thus, as per the results declared by the 18^th Respondent, the margin of victory is 794votes. The number of votes obtained by each candidate as officially declared by the 18^th Respondent on 02.05.2021 is as follows:

Sl.No.	NAME OF THE CANDIDATE	POLITICAL PARTY	TOTAL VOTES POLLED
1	Senguttuvan. T	DravidaMunnetraKazhagam	95,256
2	Ashokkumar. K	All India Anna DravidaMunnetraKazhagam	96,050
3	Chandramohan. K.M.	Nationalist Congress Party	1,088
4	Tamilselvan. S	BahujanSamaj Party	488
5	Ameenulla	All India Majlis-E-IttehadulMuslimeen	858
6	Sasikumar. K.S.	Anna PuratchiThalaivarAmmaDravidaMunnetraKazhagam	129
7	Nirandari. V	NaamTamilarKatchi	11,137
8	Ravishankar. R.K.	MakkalNeedhiMaiam	3,455
9	Ruthramani. T	DesiyaMakkalSakthiKatchi	89
10	Vijayakumar. R	VeerathThiyagiViswanathadossThozhilalarkalKatchi	137
11	TVS Gandhi	Independent	97
12	Kumaresan. M	Independent	59
13	Gopinath. M	Independent	232
14	Sakthi. K	Independent	418
15	Sivan. C	Independent	318

 

7. The Petitioner humbly submits thatthe election of the 1^st Respondent from the 53, Krishnagiri Assembly Constituency is wholly illegal and is liable to be declared as void inter aliaunder 100 (1) (b), (d) (i) (ii) (iii) and (iv) andSec. 123(1) (A)of the Representation of People Act, 1951 (hereinafter referred to as ‘RP Act’)and on the ground that the 18^th Respondent has violated variousprovisions of the Representation of People Act 1951, various orders issued by Election Commission of India and Conduct of Election Rules, 1961 as well as the mandatory instructions contained in the Hand Book for Returning Officersandalso rejected 605 postal votes during counting illegally without any legal and tenable grounds, the 1^st Respondent suppressed about his land holdings in his FORM 26 affidavit and the nomination of the 1^st Respondent has been improperly accepted by 18^th Respondent, the 1^st Respondent and his agents acting under instructions, authorization and direction of the 1^st Respondent issued cash of Rs. 500/- per voter as illegal gratification to secure votes, the 1^st Respondent and his agents acting under instructions, authorization and direction of the 1^st Respondent made excess expenditure in wall painting and plastering of wall of public properties with wall posters with party symbol and suppressed the same in the election expenditure account and the 18^th Respondent has not taken action against the 1^stRespondentand allthis has materially affected the election. Apart from this, the 18^th Respondent has committed illegalities with regard to the counting of votes polled in EVMs and counted VVPAT ofEVM bearing Control Unit No. BCUAF08025 and EVM bearing Control Unit bearing No. BCUEF88410 in the absence of the petitioner and his counting agentswhich have materially affected the election. Therefore on these grounds the present election petition is filed.The Petitioner humbly submits that the margin of votes between the Petitioner and 1^st Respondent is only 794 votes.
8. SUPRESSION IN FORM 26 AFFIDAVIT:
9. I submit that the 1^st Respondent along with his three brothers were holding a total extent of 2 acres 8 cents agricultural land in S.No.207/2A, Rettiyur Street, Reetiyoor Village, VanniyambadiTaluk, Thirupattur district, Vaniyampadi SRO which is an ancestral property. This is reflected in the Sale Deed dated 25.10.2004 executed by the 1^st Respondent and his brothers in favour of one T. Mahendran registered as Doc No. 3686 of 2004 in the office of the Sub-Registrar, Vaniyammbadi.I submit the 1^st Respondent and his brothers appointed A. Murugan as power agent for the property in S.No. 207/2A, ReetiyoorVillage and the agricultural lands were divided into several plots.The 1^st Respondent and his three brothers were selling the plots to various persons through their power agent from the year 2004 to 2012 admeasuring an extent of 78,977 Sq.ft which is 1.81 acre. I submit that out of 2.08 acres, only 1.81 acre was sold and 23 cents out of the total extent (2 acres 8 cents) in S.No. 207/2A has not yet been sold by the 1^st Respondent and his brothers and the said 23 cents in S.no. 207/2A is owned by the 1^st Respondent along with his brothers.Patta for the abovesaid property in S.No. 207/2A is in the name of Krishnamurthy, father of the 1^stOne among the four brothers of the 1^st Respondent namely M.K. Udhayashankar died recently and as such the power of attorney stands revoked. The said 23 cents out of 2 acres 8 cents in S.No. 207/2A is vested with the 1^st Respondent and his brothers.The 1^st Respondent has suppressed the possession of agricultural land to an extent of 23 cents together with his brothers in S.No. 207/2A in Reetiyoor Village, VanniyambadiTaluk, ThirupatturDistrict and falsely stated that he has no immovable property.The property was transferred to the name of the 1^st Respondent and his brothers by way a registered Will dated 25.07.1997 executed by the father of the 1^st Respondentat the office of the Sub Registrar Krishnagiri.Thus, the 1^st Respondent has filed a false affidavit with Form 26 and thus, the acceptance of the nomination filed by the 1^st Respondent is improper, illegal and contrary to law as the details of the immovable properties owned by the 1^st Respondent is intentionally suppressed by the 1^st Respondent in his affidavit submitted along with Form – 26 to the 18^th Respondent. I submit that the nomination filed by the 1^st Respondent is improperly accepted and as such on this single ground the election of the 1^st Respondent is liable to be declared void. The Petitioner humbly submits that the margin of votes between the Petitioner and 1^st Respondent is only 794 votes. If the notimation filed by the 1^st Respondent by suppressing the possession of agricultural land is properly scrutinized and rejected by the 18^th Respondent, the petitioner who has secured the the 2^nd largest votes inspite of the corrupt practices and violations by the 1^st Respondentand irregularities and contravention of Conduct of Election Rules, 1961by the 18^th Respondent, would have won the election. The petitioner submits that the improper acceptance of the nomination filed by the 1^st Respondent has materially affected the election of the petitioner.

 

1. DISTRIBUTION OF CASH FOR VOTES:
2. The Petitioner submits that the 1^st Respondent, his chief election agent and his booth agents along with AIADMK party workers acting under the consent, knowledge, instructions and authorisation and cost of the 1^st Respondent distributed Rs. 500/- to the voters in 53, Krishnagiri Assembly Constituency as illegal gratification to secure votes in favour of the 1^st Respondent from the date of announcement of poll till the date of poll. This act of the 1^st Respondent and his agents actingunder the instructions of the 1^st Respondent falls under Sec. 123 of the RP Act and the election of the 1^st Respondent is liable to be declared void on this ground.
3. It is submitted that the details of the distribution of cash of Rs. 500/- to the voters by the election agent of the 1^st Respondent in order to illegally secure votes in favour of the 1^st Respondent with the knowledge, consent, approval and cost of 1^st Respondent along with the name of the persons who received the illegal gratification of Rs 500/-with date, time and place of distribution and persons who witnessed the distribution of illegal gratification are detailed hereunder:-

S.No	Name of the person who received  Rs. 500/- as illegal gratification	Address	Name of the Person who distributed  Rs. 500/- as illegal gratification  to Voters	Place	Date	Time	Witnessed By
1	Akbar	Govindhachetty Street, Kaveripattinam	Vinayagam,Kaveripattinam AIADMK Party Worker	Residence of the voter	4/03/21	7.30 PM	C. Settu
2	Madhavan	Kottai Street, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/03/21	8.30 PM	T. Vasudevan
3	Raja	Anna Nagar, Errahalli, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/03/21	9.15 PM	S. Prakash
4	Prakash	Savuloorkoot road, SanthapuramPanchayat, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/03/21	9.30 PM	M.ChandraSekaran
5	Thirupathi	Mittahalli, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/04/21	7.00 AM	S. Krishnamoorthy
6	Varunkumar	Thomson pettai, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/04/21	7.20 AM	K. Dharma Kumar
7	Dinesh	Shanmugachetty Street, kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/04/21	8.15 AM	C. Settu
8	Yaaraf	Govindhapuram extension, Kaveripattinam	Vinayagam, Kaveripattinam AIADMK Party Worker	Residence of the voter	4/04/21	8.30 AM	M. Velumani

 

Thus, the 1^st Respondent through his agents has distributed Rs.500/- as illegal gratificationto the voters in the 53, Krishnagiri Constituency in order to secure votes which is a corrupt practice U/s. 123 of the Representation of the People Act, 1951and thus the election of the 1^st Respondent is liable to be set aside.

1. USAGE OF OFFICIAL MACHINERY BY THE 1^st RESPONDENT TO SECURE VOTES:
2. The Petitioner humbly submits that the 1^st Respondent, his chief election agent and his booth agents along with AIADMK party workers acting under the consent, knowledge, instructions and authorisation and cost of the 1^st Respondent utilised official machinery in order to secure votes in favour of the 1^st Mr. Nagaraj, E.B Supervisor who is a government servant canvassed to secure votes in favour of the 1^st Respondent by wearing shirt embedded with AIADMK party symbolon 05.03.2021 to 25.03.2021throughout the constituency including Kaveripattinam town, Aaalapatti, Palakudi, Madipatti, Vengaleri, Krishnagiri town Kuppam road and by using the government car available in his office and the same has been witnessed by the petitioner and his Chief Election Agent Tamil Selvan.It is submitted that the actofusage of official machinery for campaigning by the 1^st Respondent and his agents acting under his authorisation is in violation of various provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961 and Hand book of procedures meant for candidates and has materially affected the election and thus the election of the 1^st Respondent is liable to be set aside.
3. VIOLATION COMMITTED BY THE 1^st RESPONDENT WITH REGARD TO MAXIMUM PERMITTED ELECTION EXPENDITURE IN THE CASE OF WALL PAINTING SYMBOL ADVERTISEMENTS APART FROM OTHER VIOLATIONS:
4. It is submitted that all together, inclusive of all expenses under different categories, the election commission has fixed the maximum of Rs. 30,80,000/- as election expenses for every candidate in No. 53, Krishnagiri Assembly Constituency. However, by a minimum estimate of the Petitioner, the 1^st Respondent has spent Rs.20,00,600/- (Rupees Twenty Lakhs Six Hundred Only) for the wall painting advertisements alone to propagate his name and his two leaves party symbol. The wall painting advertisements done under the directions of the 1^st Respondent with his knowledge and consent and under his authorisations and the same has been physically verified by the Petitioner, his agents and his party workers. There are 44Panchayats within Krishnagiri Assembly Constituency. It is submitted that on physical verification by the petitioner, his agents and the party workers, it is seen that the 1^st Respondent’s and his election agents with his consent, knowledge, instruction, authorisation and cost had painted wall advertisements covering an area 22330 ft throughout the constituency covering all the 44panchayats. Thus for the purpose of wall painting advertisement alone, a sum of Rs.20,00,600/- (Rupees Twenty Lakhs Six Hundred Only) was spent by the 1^st Respondent which is in gross violation of the total permitted limit for a candidate. The photographs of the wall painting with the street name, village name are included in the compact diskand photos filed along with this petition which may be treated as part and parcel of the Petition. To be precise the exact extent of wall painting symbol advertisement in all the 44panchayats done by the 1^st Respondent through his agents and party workers are furnished below in a tabular column herein below:

S.No	Panchayat	Village	Wall painting Extent	Expenditure
1	Kurubarappalli	Kurubarappalli	195	28900
2	Kurubarappalli	Soomanathapuram	210	29200
3	Kurubarappalli	Boddrappalli	36	25720
4	P.K.Pethanapalli	P.K.Pethanapalli	29	25580
5	P.K.Pethanapalli	Maniyandapalli	114	27280
6	P.K.Pethanapalli	Sikkarimeadu	208	29160
7	Billanakuppam	Billanakuppam	205	29100
8	Billanakuppam	Pichikondanapalli	226	29520
9	Ennegolpudur	Ennegolpudur	208	29160
10	Jinguppalli	Jinguppalli	131	27620
11	Jinguppalli	Bandarapalli	121	27420
12	Thippanapalli	Thippanapalli	237	29740
13	Thippanapalli	Gummanoor	201	29020
14	Paiyanapalli	Paiyanapalli	169	28380
15	Kallukurukki	Kallukurukki	242	29840
16	Kallukurukki	Chinnamelupalli	122	27440
17	Kammapalli	Kammapalli	120	27400
18	Kammapalli	Gollahalli	169	28380
19	Mallinayanapalli	Mallinayanapalli	172	28440
20	Mallinayanapalli	Elumichangiri	256	30120
21	Kattinayanapalli	Kattinayanapalli	202	29040
22	Kattinayanapalli	Mealkaradiguri	253	30060
23	Kattinayanapalli	K.poosaripatti	226	29520
24	Bethanapalli	Bethanapalli	229	29580
25	Bethanapalli	Boganappalli	149	27980
26	Aagasippalli	Aagasippalli	148	27960
27	Aagasippalli	Melerikottai	236	29720
28	Aagasippalli	Vettiyampatti	237	29740
29	Aagasippalli	Gittampatti	183	28660
30	Aagasippalli	Bethapalli A	136	27720
31	Aagasippalli	kanagamuttulu	157	28140
32	Devasamuthuritam	Devasamuthuritam	230	29600
33	Devasamuthuritam	Periyamottur	196	28920
34	Kondeipalli	Kondeipalli	186	28720
35	Kondeipalli	Thanampatti	219	14380
36	Kattikanapalli	KattikanapalliPuthur	150	28000
37	Kattikanapalli	Sathyasai Nagar	229	29580
38	Kattikanapalli	Periyar Nagar	227	29540
39	Kattikanapalli	Bharathi Nagar	253	30060
40	Kattikanapalli	Rajaji Nagar	153	28060
41	Periyamuthur	Periyamuthur	206	29120
42	Periyamuthur	Avathanappatti	231	29620
43	Periyamuthur	Agrakaram	236	29720
44	Periyamuthur	Nekkundhi	252	30040
45	Periyamuthur	Dhuvarakapuri	254	30080
46	Kalveyhalli	Kalveyhalli	250	30000
47	Sundekuppam	Sundekuppam	252	30040
48	Sundekuppam	Nattankottai	183	28660
49	Sundekuppam	Chinnamuthur	190	28800
50	Sundekuppam	Chettimarampatti	243	29860
51	Thimmapuram	Thimmapuram	227	29540
52	Thimmapuram	Therpatti	254	15080
53	Kundalapatti	Kundalapatti	157	8140
54	Kundalapatti	Kuttur	142	7840
55	Kundalapatti	Kurumpatti	145	7900
56	Kundalapatti	Kurumpattimoottur	249	9980
57	Mittahalli	Mittahalli	208	9160
58	Mittahalli	Dasampatti	240	14800
59	Mittahalli	MittahalliPuthur	67	6340
60	Mittahalli	BarathaKoil	224	14480
61	Mittahalli	Kathiripuram	216	14320
62	Mittahalli	Savuloor	214	9280
63	Malaiyandahalli	Malaiyandahalli	167	13340
64	Chowtahalli	Chowtahalli	166	13320
65	Chowtahalli	Ramapuram	243	14860
66	Santhapuram	Santhapuram	138	12760
67	Santhapuram	MoolikkalSavuloor	133	12660
68	Santhapuram	Narimedu	147	7940
69	Santhapuram	jamedharmadu	111	12220
70	Errahalli	Errahalli	142	7840
71	Errahalli	Karukkansavadi	112	12240
72	Errahalli	Kaveripattinam	105	12100
73	Errahalli	Pothapuram	142	7840
74	Saparathi	Saparathi	113	12260
75	Saparathi	Moranahalli	84	21680
76	Saparathi	Panakamutlu	59	6180
77	Saparathi	Kuttigoundanoor	183	8660
78	Bannihalli	Bannihalli	208	9160
79	Bannihalli	Varattampatti	126	22520
80	Bannihalli	Kuttapatty	131	17620
81	Bannihalli	Bannihallipudur	279	25580
82	Karadihalli	Karadihalli	133	16660
83	Karadihalli	Devarmukulam	211	9220
84	Karadihalli	Ramiyanthyam	155	8100
85	Karadihalli	Surulihalli	116	2320
86	Karadihalli	Periyavedanoor	156	3120
87	Jagadap	Jagadap	255	5100
88	Jagadap	Manikanur	248	4960
89	Jagadap	Kettur	253	5060
90	Paiyur	paiyur	241	4820
91	Paiyur	Edaipaiyur	237	4740
92	Paiyur	Karagur	173	3460
93	Gooliyam	Gooliyam	219	4380
94	Gooliyam	Ombaalakattu	187	3740
95	Gooliyam	Ammaneri	183	3660
96	JagirVenkatapuram	JagirVenkatapuram	188	3760
97	JagirVenkatapuram	Line Kollai	117	2340
98	JagirVenkatapuram	Kothapetai	146	2920
99	Bethathalapalli	Bethathalapalli	194	3880
100	Bethathalapalli	R.Poosaripatti	183	3660
101	Bethathalapalli	Thurinjipatti	202	4040
102	Gangaleri	Gangaleri	214	4280
103	Gangaleri	Mathepatti	144	2880
104	Sembadamuthur	Sembadamuthur	181	3620
105	Bellampalli	Bellampalli	151	3020
106	Bellampalli	Baliganur	157	3140
107	Ittikkalagaram	Ittikkalagaram	206	4120
108	Ittikkalagaram	Moramadugu	115	2300
109	Ittikkalagaram	Usthalahalli	224	4480
110	Sikkapoovathi	Poovathi	147	2940
111	Sikkapoovathi	Thoddapoovathi	205	4100
112	Sikkapoovathi	UppuKuttai	217	4340
113	Sikkapoovathi	Mittapalli	235	4700
114	Aalapatti	Aalapatti	220	4400
115	Velagalahalli	Velagalahalli	184	3680
116	Sokkadi	Sokkadi	171	3420
117	Sokkadi	Thuduganahalli	223	4460
118	Pellarampalli	Pellarampalli	163	3260
119	Pachiganapalli	Pachiganapalli	201	4020
120	Pachiganapalli	Vengiliganapallii	165	3300
121	Pachiganapalli	Beiyanapalli	211	4220
		TOTAL	22330Sq.ft	20,00,600/-

 

Thus, it is submitted that on this single count itself in the category of excess expenditure, the 1^st Respondent’s election deserves to be set aside as it is in excess of the amount stipulated under Rule 90 of Conduct of Election Rules 1961, which has materially affected the election by swaying the voters. Further the excess expenditure attracts section 123(6) of RP Act and it is a corrupt practise and the 1^st Respondent’s election is liable to be set aside under Section 100(1)(b) of RP Act.

1. VIOLATION COMMITTED BY THE 1^st RESPONDENT WITH REGARD TOPLASTERING OFWALLS OF PUBLIC PROPERTIESWITH WALL POSTERS WITH PARTY SYMBOLAPART FROM OTHER VIOLATIONS:
2. The Petitioner states that the 1^st Respondent, his chief election agent and his booth agents along with AIADMK party workers acting under the consent, knowledge, instructions and authorisation and cost of the 1^st Respondent haveplastered the walls of Government buildings which belonged to Krishnagiri Municipality with posters with AIADMK party symbols. In similar manner, the agents of the 1^st Respondent plateredthewalls of Paiyur flyover, Kaveripattinam city, flyover in Kaveripattinam bypass road, Thimapuram flyover, flyover in Krishnagiri junction, flyover near AvadhanapattiMariamman Temple, KrishnagiriAavin flyover, flyover near KrishnagiriAanchaneya Temple, KrishnagiriRaayakottai flyover, flyover near KrishnagiriDistrcit Collector Office, Panthaarapalli flyover, Kundarapalli flyover and Guruparapalli flyover and also thewalls in eithersides of the entry way on 03.04.2021 and 04.04.2021. I submit that the petitioner’s election agents V. Vengattappan, S. Krishnamoorthy, M. Chandra Sekar, S. Prakash, M. Velumaninoticedthe plastering of wallsof public property with posters in the abovesaid places by the agents of the 1^st Respondent and informed the same to the petitioner and the petitioner’s Chief Election Agent, S. Tamil Selvan. The petitioner submits that the above act of plastering of walls of public properties by the 1^stRespondent and his agents under instructions and authorisation of the 1^st Respondent is against the Model Code of Conduct.Therefore the petitioner gave a representation on 04.04.2021 to the Respondents Nos. 16, 17, 18 and the Election Observer of 53, Krishnagiri Assembly Constituency to take appropriate actions against the 1^st Respondent and AIADMK party. However no action has been taken up against the 1^st Respondent and his party in this regard.I submit that chapter 16 of the Model of Conduct deals with Defacement Of Public/Private Property. According to code 16.3 (i) All wall writing, posters/papers or defacement in any other form, cutout/hoardings, banners, flags etc, on Government property shall be removed within 24 hours from the announcement of elections by the Election Commission. Municipal Bodies buildings, roadways are public properties under Code 16.3 (ii) of the Model Code of Conduct.The election was notified by the 15^th Respondent on 02.2021. The act of plastering of public properties with posterscontainingAIADMKparty symbols after announcement of election by the 15^th Respondent is in violation of the Model Code of Conduct.
3. The petitioner submits that apart from this violation, the 1^st Respondent has spent Rs. 10/- per poster for plastereing wall in all the abovesaidplaces with wall posters which has AIADMK party symbols and has wilfully suppressed the same in the Election Expenditure account to be maintained by the 1^st Respondent as per Sec. 77 of the RP Act.I submit that the Returning officer, the 18^th Respondent herein or the Election observer, District Election Expenditure Committee has not taken note of these excess expenditure and no enquiry proceedings has been initiated against the 1^st Respondent by the District Election Expenditure Committeetill date.
4. The Petitioner humbly submits that Mrs. G. Karpagavalli is the Returning Officer on the day of the counting. It is submitted that for No.53, Krishnagiri Constituency counting was held on 02-05-2021. The counting centre was at Polytechnic College, Krishnagiri. The counting began at 8 A.M. The Returning Officer commenced the counting with the postal votes and completed the same by 1 PM.Thereafter, the EVMs were counted. The postal ballot votes were counted in two rounds. The counting of EVMs was done in29 rounds (including counting of VVPAT of 2 EVMs bearing Control Units Nos. BCUAF08025 and BCUEF88410)and was completed at about 9 PM. At the end of counting, it was announced by the Returning Officer that the Petitioner herein obtained a total of 95,256 votes and the 1^st Respondent obtained a total of 96,050 votes. The Returning Officer further announced that out of the total number of postal ballot received which is 3,318, the Petitioner had received 1,749votes and the respondent had received 750 votes and 605 votes were rejected.
5. IMPROPER REJECTION OF POSTAL BALLOT VOTES:
6. It is humbly submitted that the 18^th Respondent began counting of the Postal ballot votes at about 8 AM in the presence of Petitioner’s chief election agent and other agents. During counting, the Petitioner’s agents noticed that several postal vote covers were being discarded by the official without assigning reasons for which such covers were being rejected. Such covers were summarily discarded during counting without informing the Petitioner’s Chief Agent namely S. Tamil Selvanwho raised a question as to why they are being discarded. The the Chief Agent requested the 18^th Respondent to show the result of postal ballots to all the candidates and the agents and reject the same if there are any reasonable grounds for such rejection. The 18^th Respondent refused to show the result even after several requests and rejected the 605 covers without assigning any reason at the time of counting. During counting of the postal votes, the Petitioner and his Chief Election Agent requested the Returning Officer to tally the number of postal vote counted, number of valid and invalid postal votes and providedetails as to how many postal votes were secured by the Petitioner and the 1^st However, the Returning Officer stoutly refused to give any details regarding the figures requested by the Petitioner and his agents instead the Returning Officer stated that the total tally of postal votes will be furnished to the Petitioner at the end of all rounds of EVM counting as well. Thus, though the postal ballot counting was over by 1 pm, the tally of vote was not furnished to the petitioner or his agents.
7. The Petitioner submits that after the counting of EVMs at about 9.30 PM, the Returning Officer handed over total tally of votereceivedthrough postal ballots. To the shock of the Petitioner, the Returning Officer had rejected 605 votes out of total 3,318 votes polled through postal ballots. Immediately, the petitioner made a representation dated 02-05-2021 at about 9.40 P.M stating that the 18^th Respondent had illegally rejected the 605 postal votes without assigning any reason for the same. In fact these covers were kept separately by the Returning Officer and were promised to be opened at a later point of time. However, neither the petitioner nor his agents were informed that the 605 covers were being rejected. The covers were not examined in accordance with the Conduct of Election Rules, 1961 and reasons for rejection were not recorded. Therefore the action of Returning officer declaring the 1^stRespondent as returned candidate with margin of 794 after rejecting 605 postal votes without reason is totally illegal and materially affects the election. Thereafter the Returning Officer issued a reply dated 02-05-2015 whereby the reasons for rejection of the postal votes were given as follows:

Sl.No	Reasons for Rejection Of PB	Table 1	Table 2	Table 3	Table 4	Service Votes	Grand Total
1.	13A Declaration Found Defect	22	7	–	1	141	30
2.	13A not found in 13C	13	34	14	14	2	75
3.	Multiple Votes Recorded	2	6	3	1	–	11
4.	PB Serial number not matched	83	64	33	44	–	224
5.	No Marking/Mark on blank area	2	2	–	1	2	5
6.	PB Found outside of 13B	1	1	–	1	14	3
7.	Spurious PB/ Damaged PB	–	–	–	–	–	–
8.	Elector Identifiable	2	2	–	2	–	6
9.	Received Lately	–	–	–	–	–	–
10.	13B not found PB No	11	–	–	–	–	11
11.	Others	–	–	55	–	25	55
	Total	136	116	105	64	184	605

 

The 18^th Respondent summarily rejected the postal votes without proper reasons, out of 605rejected postal ballots for which reasons are given by the 18^th Respondent through her reply dated 02.05.2021, 80 postal ballots have been rejected under the heading “Others” and the reason for rejection of 80 postal ballots have been given as “Others” as per the reply of the 18^th Respondent dated 02.05.2021. I submit that 80 postal ballots have been rejected for the reasons best known to the 18^th Respondent and the 18^th Respondent is hesitant to state the proper reason for rejection of 80 postal ballots but the 18^th Respondent has cleverly given reasons for rejecting the remaining525 postal ballots only to reject the request of the petitioner. Rule 54-A (8) of Conduct of Election Rules, 1961 provides grounds for rejection of postal ballots. The 18^th Respondent has violated Rule 54-A (8) of Conduct of Election Rules, 1961 by rejecting the postal ballots for reasons not given under Rule 54-A (8) of Conduct of Election Rules, 1961.

The Petitioner humbly submits that the reasons given by the Returning Officer for rejection of postal votes cannot be countenancedin law since the said votes were not dealt with in accordance with the Rules before the Petitioner’s Agent but were taken up and summarily and rejected in the Petitioner’s absence. Further, the reasons given by the Returning Officer is bogus.Particularly, in S.No.4 the Returning Officer has stated that 224 postal ballot votes were rejected because “PB Serial number not matched”, in S.No.10 “13B not found PB No”. The procedure adopted by the 18^th Respondent for counting postal ballot vote is therefore, contrary to Rule 54 (A) of the Conduct of Election Rules, 1951 which prescribes that which postal votes must be taken up and the covers must be opened one after another. The Returning Officer should first scrutinise the declaration in Form 13 (A) as per rule 54A of the Conduct of Election Rules, 1961 which states as follows:

54A. Counting of votes received by post.—

(1) The returning officer shall first deal with the postal ballot papers in the manner hereinafter provided.

(2) No cover in Form 13C received by the returning officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(3) The other covers shall be opened one after another and as each cover is opened, the returning officer shall first scrutinise the declaration in Form 13A contained therein.

(4) If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form 13B, that cover shall not be opened, and after making an appropriate endorsement thereon, the returning officer shall reject the ballot paper therein contained.

(5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form 13C and all such covers in Form 13C shall be kept in a separate packet which shall be sealed and on which shall be recorded the name of the constituency, the date of counting and a brief description of its content.

(6) The returning officer shall then place all the declarations in Form 13A which he has found to be in order in a separate packet which shall be sealed before any cover in Form 13B is opened and on which shall be recorded the particulars referred to in sub-rule (5).

(7) The covers in Form 13B not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the returning officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon.

(8) A postal ballot paper shall be rejected— 1 [(a) if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or] 2 [(aa)] if no vote is recorded thereon; or (b) if noted are given on it in favour of more candidates than one; or (c) if it is a spurious ballot paper; or (d) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or (e) if it is not returned in the cover sent along with it to the elector by the returning officer.

(9) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.

(10) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(11) The returning officer shall count all the valid votes given by postal ballot in favour of each candidates, record the total thereof in the result sheet in Form 20 and announce the same.

(12) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agent or counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the name of the constituency, the date of counting and a brief description of its contents.

 

As per the said Rules 54 A (11), the Returning Officer should record the total valid votes in Form 20 and announce the same. Thereafter, the Returning Officer should keep all the valid papers and the rejected votes separately and seal the same in the presence of the candidates or their agents. This procedure has been thrown to the winds in present case and 605 covers were discarded similarly without giving any reasons during counting and thereafter rejecting the said covers by proceedings dated 02-05-2021 for reasons recorded behind the back of the Petitioner’s and his Agents is illegal and contrary to law.I submit that the 18^th Respondent has rejected the said covers by proceedings dated 02-05-2021in which the reasons for rejection of potal ballots have been given in the form of tabular column. In the said reply dated 02-05-2021 issued by the 18^th Respondent, reasons are recorded only for 525 postal ballots and rejection of remaining 80votes are never spoken aboutby the 1^st Respondent and 80 votes rejected under the category “Others” for furtherance of the prospects of the election of the 1^st Respondent which materiallyaffected the election of the petitioner. The Petitioner reasonably believes that the 605 postal ballot votes were in favour of the Petitioner and therefore the rejection of 605 postal votes without reasons and in contravention of Rule 54 A (11) and 54-A (8) of Conduct of Election Rules, 1961 has materially affected the Election and as such the election of the 1^st Respondent is liable to be set aside.

1. THE DEFICIENCY AND IRREGULARITIES IN COUNTING EVM VOTES:
2. The Petitioner humbly submits that in so far as the EVM from Polling station No. 79 namely, Government High School, Gangleri, with EVM bearing Control unit number BCUAF08025serious irregularities were committed by the Returning Officer.On the date of election that is 06-04-2021, the mock poll was conducted in all polling booth at about 6 A.M. The Petitioner’s agents participated in the mock poll to check whether all EVM Control Unit and VVPAT are functioning in order. After satisfying themselves, the Booth Level Officer (BLO)did not reset the EVM after mock trial.Immediatley, the petitioner’s agent stated that 50 votes were polled during mock poll and the EVM should be reset before commencing the actual poll. The BLO commenced polling without clearing/resetting the EVM, therefore about 50 votes casted in the said EVM bearing Control Unit No. BCUAF08025 in polling station No.79 were invalid votes and was casted during mock trial.

On the date of counting i.e 02.05.2021, the Returning Officer announced that the data of mock poll has not been deleted from the Control unit number BCUAF08025 from Polling station No. 79 namely, Government High School, Gangleri and instructed the said EVM to be kept aside and counted later through its VVPAT and the said VVPAT was taken up for counting at later point of time in the absence of the petitioner and his agents.

The petitioner submits that the EVM used in Polling Station 95 bearing Control Unit No.BCUEF88410which was taken up for counting in Round 9, Table-1 did not work. The EVM malfunctioned. The officer in-charge ofcounting of Control Unit No.BCUEF88410 was directed by the Returning officer Mrs. G. Karpagavallitokeep the Control Unit No.BCUEF88410 separately and count at last. However, to the shock of the Petitioner, at the end the votes in Control Unit No.BCUEF88410 werecounted through VVPAT in the absence of the petitioner and his agents. On 02.05.2021, the petitioner gave a representation to the 18^th Respondent and the Election observer, 53, Krishnagiri Assembly Constituency stating that the entire counting process is doubtful and therefore requested for recounting of all EVMs and postal votes before the number of votes obtained by each candidate is entered in Form 20 by the 18^thRespondent. The Respondent refused to recount the EVMs and postal votes and issued an order in Ref. No. Na.Ka.972/2020/A dated 02.05.2021rejecting the request of the petitioner under Rule 63(3) of Conduct of Election Rules, 1961 stating lack of evidence as reason for rejecting the request of the petitioner for recounting of votes.

19. The petitioner humbly submits that the procedure with regard to counting the VVPAT in place of the votes polled in the EVM as per Rule 66 (A) is as follows:

66A. Counting of votes where electronic voting machines have been used. – In relation to the counting of votes cast at a polling station, where voting machine has been used,— (i) the provisions of rules 50 to 54 and in lieu of rules 55, 56 and 57, the following rules shall respectively apply, namely:—

 

“55C. Scrutiny and inspection of voting machines.—

(1) The returning officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

(2) Before the votes recorded in any control unit of voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.

(3) The returning officer shall satisfy himself that none of the voting machines has in fact been tampered with.

(4) If the returning officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in section 58, or section 58A or section 64A, as may be applicable in respect of the polling station or stations where that machine was used.

 

56-C. Counting of votes.—

(1) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked “Result” provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit.

(2) As the votes polled by each candidate are displayed on the control unit, the returning officer shall have,—

(a) the number of such votes recorded separately in respect of each candidate in Part II on Form 17-C;

[Provided that the test vote recorded, if any, for a candidate, as per item 5 in part I of Form 17-C, shall be subtracted from the number of votes recorded for such candidate as displayed on the control unit.]

(b) Part II of Form 17-C completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and

(c) corresponding entries made in a result sheet in Form 20 and the particulars so entered in the result sheet announced.

 

[56-D. Scrutiny of paper trail. – (1) Where printer for paper trail is used, after the entries made in the result sheet are announced, any candidate, or in his absence, his election agent or any of his counting agents may apply in writing to the returning officer to count the printed paper slips in the drop box of the printer in respect of any polling station or polling stations.

(2) On such application being made, the returning officer shall, subject to such general or special guidelines, as may be issued by the Election Commission, decide the matter and may allow the application in whole or in part or may reject in whole, if it appears to him to be frivolous or unreasonable.

(3) Every decision of the returning officer under sub-rule (2) shall be in writing and shall contain the reasons therefor.

(4) If the returning officer decides under sub-rule (2) to allow counting of the paper slips either wholly or in part or parts, he shall –

1. do the counting in the manner as may be directed by the Election Commission;
2. if there is discrepancy between the votes displayed on the control unit and the counting of the paper slips, amend the result sheet in Form 20 as per the paper slips count;
3. announce the amendments so made by him; and
4. complete and sign the result sheet.]

57-C. Sealing of voting machines.—

(1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 17-C and Form 20 under rule 56-C, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix the seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.[ and where printer for paper trail is used, the returning officer shall seal the paper slips in such manner, as maybe directed by the Election Commision].

(2) The control unit [and the paper slips] so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely:—

(a) the name of the constituency;

(b) the particulars of polling station or stations where the control unit has been used;

(c) serial number of the control unit; [and printer wherever used];

(d) date of poll; and

(e) date of counting.’;

 (ii) the provisions of rules 60 to 66 shall, so far as may be, apply in relation to voting by voting machines and any reference in those rules to,—

(a) ballot paper shall be construed as including a reference to such voting machine;

(b) any rule shall be construed as a reference to the corresponding rule in Chapter II of Part IV or, as the case may be, to rule 55-C or 56-C or 57-C.]

Therefore the counting of VVPAT in the absence of petitioner and his agents without following the procedure by the 18^th Respondent has materially affected the Election of the petitioner.

20. The Petitioner humbly submits that if not for these corrupt practices of the 1^st Respondent, and all the irregularities described above committed by the 18^th Respondent, the Petitioner would have been declared as the winning candidate. The Petitioner had bright chances to win and his election prospectus was hampered by large scale corrupt activities mentioned above indulged by the 1^st Respondents and the government servants. That apart the acceptance of nomination filed by the 1^st Respondent is improper since the 1^stRespondent suppressed the details of landholdings in his affidavit. The 18^th Respondent summarily rejected the postal votes without proper reasons in contravention of Rule 54-A of The Conduct of Election Rules, 1961.Therefore, if this Hon’ble Court comes to the conclusion that the election of the 1^st Respondent is vitiated and liable to be set aside and void, then the Petitioner has to be declared as the winning candidate who has secured the 2^nd largest votes. Therefore the petitioner is seeking to be declared that he has been duly elected under section 84 of the RP Act 1951.
21. The cause of action for the present election petition arose on 26.02.2021 when the election was notified by the 15^thRespondent; and subsequently on 12.03.2021 when the Petitioner was nominated by the DMK Party to contest under the ‘Raising Sun’ Symbol for 53, Krishnagiri Assembly Constituency in the election to be held on 06.04.2021; and subsequently when the Petitioner’s nomination papers were accepted on 20.03.2021 by the 18^thRespondent; and again on 20.03.2021 when the nomination of the 1^st Respondent was improperly accepted by the 18^th Respondent andsubsequently on 04.03.2021when one Vinayagam, AIADMK party worker and agent of the 1^st Respondent acting under instruction, authorization and direction and cost of the 1^st Respondent distributed Rs. 500/- as illegal gratification to the voters in the Krishnagiri Constituency and subsequently on 03.03.2021 when the agents of the 1^st Respondent acting under instruction, authorization and direction and cost of the 1^st Respondent started doing wall painting symbol advertisement throughout 53, Krishnagiri Assembly Constituency and subsequently on 04.04.2021 when the agents of the 1^st Respondent acting under instruction, authorization and direction and cost of the 1^st Respondent plastered the walls of the public properties with wall posters that has AIADMK symbols and again on 04.04.2021 when the petitioner gave a representation regarding plastering of wall of public properties by the 1^st Respondent and his agents to the Respondents No. 16, 17, 18 and Election Observer, 53, Krishnagiri Assembly Constituency and subsequently on02.05.2021 when the 18^th Respondent rejected 605 postal votes without assigning any reasons; again on 02.05.2021 when the 18^th Respondent unilaterally decided to count VVPAT of votes registered in control unit number BCUAF08025 and BCUEF88410 in the absence of the petitioner and his agents; againon 02.05.2021 when the petitioner gave representations to include the 605 rejected postal votes and for recounting of the votes polled in the constituency; again on 02.05.2021 when the 18^th Respondent gave a decision in Na.Ka. 972/2020/A dated 02.05.2021 after declaring the 1^st Respondent as returned candidate.
22. It is submitted that this Hon’ble Court has original jurisdiction over the above election petition under Section 80-A of the Representation of People Act, 1951. This petition is being presented within time as per order of the Hon’ble Supreme Court of India in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020dated 27.04.2021 which states as follows:

“We, therefore, restorethe order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct that the period(s) oflimitation, as prescribed under any general or special lawsin respect of all judicial or quasi-judicial proceedings,whether condonable or not, shall stand extended till furtherorders”.

As per the above order, period of limitation prescribed under general or special laws are extended till further orders.

23. It is submitted that the Petitioner has paid a sum of Rs. 2000/- as security as per section 117(1) of the Representation of Peoples Act 1951 and the receipt for the same is filed along with this Petition. The Petitioner has also paid the fixed Court fees of Rupees 50/- as per Article 11(1)(iii) of Schedule II of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 r/w with Rule 4 of the Madras High Court Rules of Election Petitions 1967.
24. It is, therefore, humbly prayed that this Hon’ble Court may be pleased to:

• Declare the election of the 1^st Respondent to No.53, Krishnagiri Assembly Constituency in the State of Tamil Nadu on 02.05.2021 as illegal,void and liable to be set aside.
• Declare the Petitioner herein as duly elected to the No.53, Krishnagiri Assembly Constituency in State of Tamil Nadu with effect from 02.05.2021.
• Direct the 1^st Respondent to the pay the cost of the Petition and pass such further or other orders as this Hon’ble Court may deem fit and proper to pass in the facts and circumstances of the case and thus render justice.

Dated at Chennai on this the 30^thday of June, 2021

 

 

COUNSEL FOR THE PETITIONER                           PETITIONER

VERIFICATION

I, T. Senguttuvan, S/o. Thimmappagoundar, Hindu aged about 68 years,residing at 1/48, Velagalahalli Village, Alappaty Post, KrishnagiriTaluk and District, Tamil Nadu – 635122, the petitioner herein do hereby declare and verify that what are all stated in paragraphs 1,2,3,4,5,6 are based on the personal knowledge of the petitioner andwhat are all stated in paragraphs 7 about the corrupt practices indulged by the 1^st Respondent and irregularities by the 18^th Respondent are based on personal knowledge of the petitioner and also based on information and particulars given by the Petitioner’s Chief Election Agent S. Tamil Selvan and witnessed by election agents of the petitionerwhich the Petitioner believes to be true and correct and what are all stated in paragraph 8 about suppression of facts in Form 26 affidavit by the 1^st Respondent is based on the personal knowledge of the petitioner as well as based on the information and particulars given by the Petitioner’s Chief Election Agent S. Tamil Selvan which the Petitioner believes to be true and correct and what are all stated in para 9 and 10 regarding distribution of illegal gratification of Rs. 500/- per voter in Krishnagiri Constituency are based on the personal knowledge of the petitioner as well as information and particulars given by the petitioner’s Chief Election Agent S.Tamil Selvan and witnessed by petitioner’s election agents C. Settu, T. Vasudevan, S.Prakash, M. Chandra Sekaran, S. Krishnamoorthy, K. Dharma Kumar and M. Velumani which the Petitioner believes to be true and correct and what are all stated in para 11 regarding usage of official machinery by the 1^st Respondent and his agents with the consent, knowledge, instruction and authorisation of the 1^st Respondent are based on the personal knowledge of the petitioner as well as information and particulars given by the Petitioner’s Chief Election Agent S. Tamil Selvan and what are all stated in para 12 regarding wall painting in all 44 panchayats andexcess expenses incurred by the 1^st Respondentare based on the petitioner’s personal knowledge as well as information and the particulars given by the Petitioner’s Chief Election Agent Tamil Selvan and witnessed by the petitioner’s election agents and DMK party workers C. Settu, T. Vasudevan, S.Prakash, M. Chandra Sekaran, S. Krishnamoorthy, K. Dharma Kumar and M. Velumani, K. Gunasekaran, N. Kuppan which the Petitioner believes to be true and correct and what are all stated in para13and 14 regarding plastering of walls of public properties with wall posters with AIADMK party symbol by the 1^st Respondent and his agents with the consent, knowledge, instruction and authorisation of the 1^st Respondent and expenses incurred by the 1^st Respondent in this regard are based on the Petitioner’s knowledge as well as information and the particulars given by the Petitioner’s Chief Election Agent S. Tamil Selvan and petitioner’s other election agents M. Chandra Sekaran, S. Krishnamoorthy, K. Dharma Kumar and M. Velumani, K. Gunasekaran which the Petitioner believes to be true and correct and what are all stated in para 15 regarding commencement of counting of votes by the 18^th Respondent is based on the personal knowledge of the petitioner as well as the information supplied by the Petitioner’s Chief Election Agent and counting agents and what are all stated in para 16 regarding improper rejection of postal votes by the 18^th Respondent are based on the personal knowledge of the petitioner and also based on the information provided by the petitioner’s Chief Election Agent Tamil Selvan and what are all stated in para 17 regarding reply given by the 18^th Respondent regarding rejection of postal votes are based on the personal knowledge of the petitioner as well as information provided by the petitioner’s Chief Election Agent S. Tamil Selvan and other counting agents which the Petitioner believes to be true and correct and what are all stated in para 18 regarding irregularities in counting of votes polled in EVMs by the 18^th Respondent are based on the personal knowledge of the petitioner and also based on the information given by the petitioner’s Chief Election Agent Mr. Tamil Selvan which the petitioner believes to be true and correct and what are all stated in para 19 regardingcounting of VVPAT of 2 EVM in the absence of the petitioner and his counting agents by the 18^th Respondent are based on the personal knowledge of the petitioner as well as information given by the petitioner’s Chief Election Agent Mr. Tamil Selvan and witnessed by counting agents of the petitioner K. Dharma Kumar and M. Velumani, K. Gunasekaran, N. Kuppan which the Petitioner believes to be true and correct and what are all stated in para 20 are true to the Petitioner’s personal knowledge, information and belief.

 

Verified at Chennai on this the 30^thday of June, 2021.

 

PETITIONER

LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(1) C.P.C

S.NO	DATE	PARTICULARS	REMARKS
1.	03.03.2021	Photographs of wall painting, symbol advertisement made by the 1st Respondent throughout 53, Krishnagiri Assembly Constituency	Original
2.	04.03.2021	Photograph of Vinayagam, AIADMK party worker and agent of the 1st Respondent distributing bribe to the voters in 53, Krishnagiri Assembly Constituency	Original
3.	17.03.2021	Nomination filed by the Petitioner	Photo Copy
4.	15.03.2021	Nomination filed by the 1st Respondent	Photo Copy
5.		Patta in the name of the father of the 1st Respondent	Original
6.		Encumbrance Certificateon the agricultural land in S.No. 207/2A from 01.01.1990 to 17.06.2021	Photo Copy
7.	24.03.2021	Expenditure Statements filed by the 1st Respondent to the District Expenditure Monitoring Committee	Photo Copy
8.	27.03.2021	Details of Postal Ballots Collected in the Constituency	Original
9.	04.04.2021	Representation given by the Petitioner	Photo Copy
10.	27.04.2021	Order in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020	Photo Copy
11.	02.05.2021	Postal Votes obtained by the petitioner and the 1st Respondent	Photo Copy
12.	02.05.2021	FORM – 20 – Final Result Sheet	Photo copy
13.	02.05.2021	Round wise Tabulation Sheet	Photo copy
14.	02.05.2021	Representation given by the petitioner for including 605 postal ballots rejected by the 18th Respondent	Original
15.	02.05.2021	Representation given by the petitioner for recounting of votes to the 18th Respondent	Original
16.	02.05.2021	Reply given by the 18th Respondent regarding rejection of 605 postal ballots	Original
17.	02.05.2021	Reply given by the 18th Respondent regarding re-counting	Original
18.	25.10.2004	Sale Deed in Doc. No. 3686/2004	Photo Copy

 

DETAILS OF COMPACT DISK FILED

 

DVD NO.	DATE	INCIDENT	CD RUNNING TIME (MINUTES)
1.	—	Wall Painting by the 1stRespondent and his agents under his authorisation in the 53, Krishnagiri Assembly Constituency.	13.52 minutes

 

LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(2) C.P.C

S.NO	DATE	PARTICULARS	REMARKS
1	02.05.2021	Entire records of Form 17C, declaration of round wise results and total results with the 18th Respondent
2.	02.05.2021	CCTV footage of the Counting Centre of the No. 53, Krishnagiri Assembly Constituency

 

VERIFICATION

 

I, T. Senguttuvan, S/o. Thimmappagounder, Hindu aged about 68 years,residing at 1/48, Velagalahalli Village, Alappaty Post, KrishnagiriTaluk and District, Tamil Nadu – 635122,the above named Petitioner, do hereby declare that the documents filed in Sl.Nos.1, 2, 3, 4, 5,6,7,8,9,10,11,12,13,14,15,16,17,18and the compact disc in Sl.Nos. 1 contains true copies of the original documents, photos and videos to the best of my knowledge and belief.

Verified at Chennai on this the  30^th  day of June, 2021.

 

PETITIONER

STATEMENT OF ADRESSES FILED UNDER ORDER VI RULE 14-A C.P.C.

Petitioner’s Address                       :         T. Senguttuvan

No. 1/48, Velgalahally Village,

Alapatti Post,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.

 

 

Petitioner’s Counsel                            :         M/s P. WILSON ASSOCIATES

JVL Towers, III^rd Floor, No. 51/G5 – 3A,Nelson Manickam  Road, Chennai  600 029.

 

Respondent’s Address:

• K

5/191,Thiruvalluvar Nagar,

II^ndCross Street,

Krishnagiri- 635 001.

 

• K.M.

No.1, Shanthi Nagar,

2^nd Street,

Krishnagiri – 635 001

 

• S.

3/32, Ward No.1,

M- Nadupatti Village& Post,

BargurTaluk,

Krishnagiri- 635 203.

 

• Ameenulla

20- A, Kumbarapettai,

Ward No.6 HosurTaluk,

Krishnagiri District- 635 109.

 

• K.S.

65/15 B, Jakkappan Nagar,

8^th Cross Street,

Krishnagiri- 635 001.

 

• V

1, Nagamangalam Village,

Achamangalam Post.

BargurTaluk,

Krishnagiri District- 635 108.

 

• R.K.

2/3, 3^rd Cross, Mohan Rao Colony,

Krishnagiri- 635 001

 

• T

3/216, EttikalAgaram,

Gangaleri,

Krishnagiri- 635 122.

 

• R

4/54, Mottur Village & Post,

KrishnagiriTaluk- 635 112.

 

• TVS Gandhi

MIG- 8, Housing Board,

Kattiganapalli,

Krishnagiri- 635 001

 

• M

3/350, SubedharMedu Village,

Kattinayanapalli Post,

KrishnagiriTk& District- 635 001

 

• M

1/63, II^nd Cross,

Mullai Nagar,

Krishnagiri- 635 001.

 

• K

3/259,

Kattinayanapalli,

Krishnagiri- 635 001

 

• C

1/287,

K.V. Kovilkottai,

Sokkadi Village,

Moramadugu Post,

Krishnagiri- 635 122

 

• The Election Commission of India

Represented by its Chief Election Commissioner

NirvachanSadan, Ashoka Road,

New Delhi 110 001

 

• The Chief Electoral Officer, Tamil Nadu

Election Commission of India,

Public (Elections) Department, Secretariat,

Fort St. George,

Chennai – 600 009.

 

• The District Collector cum

District Returning Officer,

District Collector Office,

Krishnagiri District

Tamil Nadu –635001

 

• The Returning Officer

53,KrishnagiriAssembly Constituency,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.

 

• Karpagavalli

The Returning Officer

53,KrishnagiriAssembly Constituency,

KrishnagiriTaluk

Krishnagiri District

Tamil Nadu – 635 122.

 

Dated at Chennai on this the  30^thday of June, 2021.

 

PETITIONER

VERIFICATION

 

I, T. Senguttuvan, S/o. Thimmappagounder, Hindu aged about 68 years,residing at 1/48, Velagalahalli Village, Alappaty Post, Krishnagiri Taluk and District, Tamil Nadu – 635122,the above named Petitioner do hereby declare and verify that what are all stated above in Statement of Address are true and correct to the best of my knowledge, information and belief.

 

Verified at Chennai on this the 30^thday of June, 2021.

 

PETITIONER

 

 

 

[10/18, 14:22] Sekarreporter 1: .