Holding that a Returning Officer cannot order a recount after issuing the victory certificate, the Madurai Bench of the Madras High Court on Thursday allowed the petition filed by M. Devi, one of the two candidates who were declared panchayat president- elect in Sankarapuram village panchayat in Sivaganga district.
Two candidates were declared president elect to the panchayat that was reserved for woman (general) in the rural local body elections held recently. Devi and A. Priyadharshini had both contested for the post of president to the Sankarapuram village panchayat.
The petitioner, Devi, said that at about 8 p.m. on the day of the results, she was declared the winner. However a recount was done following a commotion and at 5 a.m. the next morning, A. Priyadharshini, the other candidate was declared the winner. Both were issued the certificates (Form 25).
Devi alleged that Priyadharshini was favoured as she was associated with the ruling party and sought a direction to declare the certificate awarded to Priyadharshini null and void.
A Division Bench of Justices M. Duraiswamy and T. Ravindran allowed the petition filed by Devi and observed that the the returning officer has no power to entertain an application for recounting under Rule 66 of Tamil Nadu Panchayat Election Rules once Form 25 was issued.
The High Court had earlier granted an injunction on the swearing in of Priyadharshini as the Panchayat election president.