Chennai: The Madras high court has upheld the election of DMK candidate R.T.Arasu from Cheyyur (SC) assembly constituency in Kancheepuram district in the election held on May 16, 2016.
Justice P.N.Prakash dismissed the petition filed by the defeated AIADMK candidate A.Munusamy, challenging the election of Arasu.
Pointing out that Arasu won by a thin margin of 304 votes, Munusamy contended that the postal votes had not been counted properly and their genuineness was not verified by the returning officer.
Concurring with the submissions of senior counsel P.Wilson, appearing for the returned candidate Arasu, the judge said this court cannot start off with the presumption that the returning officer had not properly counted the postal ballots and the votes in the EVMs in the 19th round. In the teeth of illustration (e) in Section 114 of the Evidence Act, which states that the court may presume that judicial and official acts have been regularly performed, the burden was heavily cast on the election petitioner to make sufficient averments giving material facts in the pleadings to prima facie show that the returning officer was in league with the returned candidate and had violated the election commission guidelines relating to counting of postal ballots.
“Since the election petitioner has not made out a clear case for recount and the averments contained in the petition being vague and not eligible for being put on trial by leading evidence, the application filed by the returned candidate is allowed”, the judge added and dismissed the petition filed by Munusamy.
