After knowing the same, the 5th respondent / Election Officer after segregating the tainted votes started counting the remaining votes which are about 991 votes. However, in collusion with the second respondent, the fourth respondent also suddenly gave instruction to the 5th respondent to stop the counting of votes. Taking advantage of the said situation, the accused as well as the respondents 3 and 4 have decided to stall the counting of votes in the election process. When a detailed communication has been sent by the Election Officer Mr.K.Manoharan, on 03.09.2018, to proceed with the counting of votes with the police protection along with the video coverage of the entire incident relating to the counting of votes, overlooking the same, the respondents 1 and 2 are proceeding with the counting of votes. Therefore, direction be issued to the respondents 1 to 5 to proceed with the counting of votes with adequate police protection along with ordering the video coverage of the entire counting process, so that the declaration itself can take place freely and transparently. Concluding his argument, the learned Senior counsel appearing for the petitioner submitted that one of the persons, who has created the entire chaos inside the counting station, was booked under Sections 466, 353 and 171 (F) of I.P.C. Although Section 353 of I.P.C., deals with non-bailable and non-compoundable offence, the police officers have wrongly enlarged him on bail, which is wholly unjustifiable and unfair. Therefore, liberty be given to the petitioner to work out his remedy.
