The Madras High Court has set aside a lower court order declaring as null and void the election of a ward member of Dharmapuri Municipality in 2011, saying the election petitioner has not included all candidates as party to the petition as required under the relevant Act.
Allowing a civil revision petition by the winning candidate P Malliga of AIADMK, Justice M Duraiswamy quashed the order of the Principal Sessions Judge declaring as null and void her election as 15th Ward Member in the October 17, 2011 polls.
The PSJ had allowed an election petition by defeated DMK rival P Kalaivani.
Justice Duraiswamy held that Kalaivani should have impleaded the other contesting candidates as parties to the Election Original Petition.
"As per Section 51-A of the District Municipality Act and Rule 122 of the Rules of the Act, non-impleading of the other contesting candidates is fatal to the case," he said.
Malliga had won the election by a one-vote margin.
The Judge rejected the contention of the DMK candidate that one Ramesh Kumar, a teacher, had voted twice, one through postal ballot and another in person, saying she had not established that the voter cast his vote in person in favour of Malliga.
