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The Madras High Court in a recent decision confirmed the victory of an independent candidate in an election, the result of which was changed in the “draw of lots”. 

The petition was filed by R.Palaniselvi, an independent candidate who contested the 10th ward of the T Kallupatti town panchayat. She had alleged that initially she was declared as winning candidate in the draw of lots having secured equivalent vote of 284 of change of result in the draw of lots, same as her opposition. The name of the petitioner was flashed as winning candidate, but the allegation was that, subsequent to it, the result was changed.

On the aforesaid allegation, the Standing Counsel for the State Election Commission was asked to produce the CCTV footage, as otherwise, it would be very serious if the allegations come. The CCTV footage was presented to Court, seeing which the bench of Chief Justice Munishwar Nath Bhandari and justice D Bharatha Chakravarthy concluded,

"As per the videograph, the draw of lots was in favour of the petitioner and accordingly, the result should have been declared and maintained. The allegation by the petitioner is regarding the change of the result of the Election, which is getting proved and is quite serious."

The Court ordered the Election Commission immediate action against the Officer of the State Election Commission responsible for changing the same. The Court further ordered the Officer to be present in Court.

Petition is listed on 07.03.2022.

R. Palaniselvi v. Tamil Nadu State Election Commission & Ors.