2021 Assembly polls: Madras High Court orders re-counting of 605 postal ballot votes in Krishnagiri

The Madras High Court on Monday issued orders for recounting of 605 postal ballots in the Krishnagiri constituency in Tamil Nadu in the 2021 legislative assembly elections..Justice PT Asha directed the Registrar General of the Madras High Court to name any one of the Registrars of the Court to supervise the counting of all the 605 postal ballot votes that had been rejected by the returning officer at the time, and submit a report in Court.The judge passed the order on an election petition filed by T Senguttuvan, the candidate from Dravida Munnetra Kazhagam (DMK) who had contested the 2021 elections and lost to All India Anna Dravida Munnetra Kazhagam (AIADMK) candidate K Ashok Kumar..In his plea filed through advocate Richardson Wilson, Senguttuvan prayed that Kumar’s victory should be declared illegal and void.Senguttuvan told the Court that in the said elections, 605 postal ballot votes were rejected by the returning officer without giving any reasons to the applicants and their agents.He said that considering the slender margin of victory of the AIADMK candidate, the postal ballots which were rejected should be recounted.Senguttuvan also said that despite several requests made to the returning officer and the Election Commission of India, the authorities failed to record and communicate the reasons for the rejection of the postal ballot votes. He said that the votes were rejected without following the procedure contemplated under the Conduct of Election Rules, 1961 since the covers had not been examined and reasons for rejection were not recorded in accordance with the provisions of Rule 54 A (11) and 54 A (8) of the Conduct of Election Rules, 1961..Senguttuvan therefore, requested that such votes be recounted..The Court agreed and accordingly, directed the Registrar General to appoint one of the Registrars to supervise the re-counting process.Justice Asha also directed the ECI to depute two officers for such recounting..“Therefore taking into account the above observation made by the Hon'ble Supreme Court and the facts of the case on hand more particularly, taking into account the slender margin of victory and the fact that no concrete evidence has been produced to prove that either the petitioner or his agent has been appraised with the reasons for rejection, interests of Justice would be sub served if the Registrar General of this Court is directed to depute any one of the Registrars to supervise the counting. The Registrar General, Madras High Court shall name any one of the Registrars to supervise the counting of all the 605 postal ballot votes, which have been rejected and submit a report on the following,” the High Court said..Advocate Richardson Wilson for M/s P Wilson Associates appeared for Senguttuvan.Advocate B Arvind Srevatsa appeared for Ashokumar K..[Read Order]