Justice Anand Venkatesh stated that there was a clear interference in the election process of an unknown hand that wanted Vijayalakshmi to win. “It is a clear case of an attempt being made to materially alter statutory forms, and subvert the entire electoral process,” observed the judge.

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Polls cannot be cancelled for officials’ mistake: Madras HC
The court added that the election commission must not have cancelled the polls after the entire process was over and a candidate declared the winner, which amounts to interference.

Published: 29th October 2020 03:50 AM | Last Updated: 29th October 2020 03:50 AM | A+A A-
Madras High Court The Madras High Court (File Photo| PTI) By Express News Service
CHENNAI: An election body cannot order re-polling, after it has declared the winner, to correct discrepancies committed by officials, the Madras High Court has ruled. The court, on Wednesday, also declared R Jayalakshmi as the winner of the panchayat election held in January in Kumalankulam village of Cuddalore district.

The ruling came on a petition moved by Jayalakshmi, who contested on ‘auto’ symbol.

Due to some discrepancies committed by polling officials, another candidate, Vijayalakshmi, who contested on ‘lock & key’ symbol was declared the winner. The ‘auto’ symbol had recorded 2,512 votes while ‘lock & key’ got just 1,478 votes. Still, the Returning Officer declared Vijayalakshmi the winner.

Subsequently, the elections were cancelled by the State Election Commission.

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In his order, Justice Anand Venkatesh stated that there was a clear interference in the election process of an unknown hand that wanted Vijayalakshmi to win. “It is a clear case of an attempt being made to materially alter statutory forms, and subvert the entire electoral process,” observed the judge.

The court added that the election commission must not have cancelled the polls after the entire process was over and a candidate declared the winner, which amounts to interference. Quashing the order cancelling the polls, the court directed the election commission to declare R Jayalakshmi as the winner within one week.