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Synopsis

In a significant development, the Madras High Court has intervened in the aftermath of the 2021 legislative assembly elections, ordering a recount of 605 postal ballots in the Krishnagiri constituency of Tamil Nadu.  These votes had been disqualified by the Returning Officer.

T Senguttuvan, a candidate from the Dravida Munnetra Kazhagam (DMK) party, who contested against All India Anna Dravida Munnetra Kazhagam (AIADMK) candidate Ashok Kumar K and lost, moved an election petition before the high court. He alleged that the 605 postal ballot votes were rejected without giving any reason which was in contravention of the procedure contemplated under the Conduct of Election Rules, 1961. He further claimed that despite his repeated requests, the reasons for rejection were not communicated to him or his agent.

The bench of Justice PT Asha noted that there was a slender margin of a mere 794 votes between Senguttuvan and K Ashok Kumar. Court also highlighted that no concrete evidence had been produced to prove that either Senguttuvan or his agent had been appraised with the reasons for the rejection of votes.

Therefore, in the interest of justice, Justice Asha ordered the votes to be recounted. "If the applicant is able to establish that the rejection of the postal ballot votes was contrary to the provisions of Rule 54 - A (8) of the Conduct of Election Rules, it would definitely have a bearing on the ultimate result," she noted. 

Therefore, she directed the Registrar General of the Madras High Court to appoint a registrar to oversee the recounting process. 

Justice Asha also instructed the Election Commission of India (ECI) to assign two officers for the recounting process and ordered that the same shall be done in the presence of the candidates or any one person authorised on their behalf.

The Registrar General of the high court has been directed to submit a comprehensive report following the completion of the recount.

Case Title: T.Senguttuvan v. Ashokkumar.K and others