Madras HC Has Asks RO To Produce 102 Postal Ballots That Were Not Considered While Declaring N. Murugumaran Successful In 2016 Assembly Elections [Read Order]

The 2016 State Assembly Elections outcome favored AIADMK's N. Murugumaran, who defeated VCK Chief Thol. Thirumavalavan in Kattumannarkoil reserved constituency by a mere 87 votes.

Subsequently, Thirumavalavan moved the high court, challenging the said outcome. He alleged that the results so declared were incorrect inasmuch the Returning Officer (RO) did not take into account all the postal ballots. The court was informed that the RO rejected one postal ballot for the reason 'no marking' and rejected one hundred and one postal ballots for the reason 'voter unidentified'.

The single-Judge bench of Justice CV Karthikeyan summoned the then Returning Officer, R. Muthukumaraswamy, along with the said ballots, for proper adjudication.

"I am of the considered view that a decision can be rendered in the Election Petition only if the Court peruses for its own satisfaction, the 102 postal ballots which have been rejected by the Returning Officer," he said.

The court said that it could not deliver the Judgment on merits without examining the same and clarified that the order was being passed only for satisfaction of court's mind with respect to the reasons for rejections of the said ballots.

The court thus directed the Registry to issue summons to R. Muthukumaraswamy, to appear before the Court on January 20, along with the 102 postal ballots which had been rejected.

Case Details:

Case Title: Thol. Thirumavalavan v. N. Murugumaran & Ors.

Case No.: ELP No. 8/2016

Quorum: Justice CV Karthikeyan

Appearance: Advocates M/S BFS Legal, K. Balakrishnank, R. Palaniandavan, Vijay Gurudass, KM Aasim Shehzad, D. Ferdinand, PV Balasubramaniam and K. Balakrishnan (for Petitioner); Advocates B. Dhanaraj, KC Panneer Selvam and M/S S. Senthil NC Ashok Kumar {for Respondent No. 1)

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