Dismissed¶40

K.Kauvery v. The Tamilnadu State

Madras HC21 Jan 2025WP/3056/2020

Case brief

AI extract

What is this about?

Tamil Nadu co-operative society election dispute; writ of certiorarified mandamus to quash Form-22 (Annexure-5) declaration dated 01.02.2020 and reschedule election after ~124 ballot papers destroyed by termites during repeated counting adjournments; Court held destruction was beyond respondents' control, no mala fide, victory claim merely presumptive, and petition moot as term ends 30.01.2025; dismissed, no costs. Bench: C.V. Karthikeyan J.; decided 21.01.2025; W.P.No. 3056 of 2020; related proceedings: W.P.No. 34532 of 2019. Keywords: Tamilnadu State Co-operative Societies Election Commission; destroyed votes; ballot box; videography of counting; mootness by expiry of term.

What did the court decide?

The petitioner's contention that she would have been elected had the termite-destroyed votes been counted is a statement made on presumption alone.

K.Kauvery Vs The Tamilnadu State — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the impugned declaration in Annexure-5, Form-22 dated 01.02.2020 passed by the third respondent should be quashed and the election rescheduled from the stage of scrutinizing nomination papers, in view of the destruction of about 124 votes by termites before counting. +2 more

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Court's answer

The votes were destroyed by termites owing to continuous rainfall and water soaking into the ballot box, an occurrence beyond the control of the respondents; there is no mala fide against the respondents, the damage could not have been prevented, and the respondents could not have opened the ballot boxes earlier without inviting an allegation of tampering.

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Ratio / Principle

The petitioner's contention that she would have been elected had the termite-destroyed votes been counted is a statement made on presumption alone.

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Key takeaways

Since the term of office ends on 30.01.2025, nothing further survives to be adjudicated in the writ petition as on date.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (C.V. Karthikeyan J.) dismissed a writ petition under Article 226 by K.Kauvery, a defeated woman candidate in the 03.09.2019 election to Periyakattupalayam Primary Agricultural Co-operative Credit Society, who sought certiorarified mandamus to quash the declaration in Annexure-5, Form-22 dated 01.02.2020 and to reschedule the election from the nomination-scrutiny stage because about 124 votes were destroyed by termites before counting (counting done 06.01.2020 under directions in W.P.No. 34532 of 2019). Held: (i) her claim that she would have won had the destroyed votes been counted rested on presumption alone - she polled 128 votes against 246, 180 and 133 of the three successful women candidates in the general category; (ii) the destruction was caused by continuous rainfall, occurred beyond the respondents' control, involved no mala fide, and could not have been prevented; and (iii) the term of office ends on 30.01.2025, leaving nothing to adjudicate. Writ petition dismissed with no order as to costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.01.2025

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No. 3056 of 2020

K.Kauvery

... Petitioner

..Vs..

The Tamilnadu State Co-operative Societies Election Commission Rep., by its Commissioner No.273, 1^st Floor, Kamadhenu Super Market Building Anna Salai, Teynampet Chennai – 600 018.

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The District Election Officer cum Deputy Registrar Co-operative Societies Cuddalore Circle, Cuddalore District.

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The Election Officer E 2644 – Periyakattupalayam Primary Agricultural Co-operative Credit Society Periyakattupalayam & Post Panruti Taluk, Cuddalore – District.

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Mrs. J.Kalaiyarasi

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Mrs.T.Nagalakshmi

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Mrs. L.Arumbu

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Mrs. R.Manjula

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https://www.mhc.tn.gov.in/judis

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Mrs.E.Sarasu 9. Mr.S.Thanapathi 10. Mr.R.Rajendran 11. Mr.K.Prabhu 12. Mr.S.Sankar 13. Mr.K.Murugan 14. Mr. V.Palanivel ... Respondents

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PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus directing the first and third respondents to call for the records pertaining to impugned declaration Annexure-5, Form-22 declared on 01.02.2020 passed by the third respondent and quash the same and thereby direct the first and second respondents to reschedule the election from the stage of scrutinizing the nomination papers based on the representation made by the petitioner dated 06.01.2020 by this Court. ***

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For Petitioner :: Mr. R.Raja Mohan For 1^st Respondent :: Mr. P.K.Shivakumar For RR 2 & 3 :: Mr.S.Ravi kumar Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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ORDER

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The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking a direction against the first and second respondents to call for the records relating to the declaration in Annexure-5, Form-22 declared on 01.02.2020 passed by the third respondent and quash the same and direct the first and second respondents to reschedule the election from the stage of scrutinizing the nomination papers based on the representation made by the petitioner dated 06.01.2020.

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In the affidavit filed in support of the Writ Petition, it had been stated that the writ petitioner K.Kauvery had contested in the elections for the third respondent Co-operative Society, namely, Periyakattupalayam Primary Agricultural Co-operative Credit Society at Panruti Taluk, Cuddalore District under the general category for women candidates. Totally 11 candidates were to be elected. Out of the 11, three posts were reserved for women in the general category. The petitioner was one of the contestants. The election was conducted on 03.09.2019. The elected candidates would have a term for five years. The counting was fixed on 04.09.2019. Thereafter, it was extended to 06.09.2019, 17.09.2019, 04.11.2019 and 26.12.2019. The

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https://www.mhc.tn.gov.in/judis

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total number of votes which was held was 1311. It had been stated that the voting was conducted on 06.01.2020 under directions of this Court in W.P.No. 34532 of 2019. There was also videocoverage. It was found that about 124 votes had been destroyed owing to termites. This was caused by the continuous rain fall which had affected and water soaked into the ballot box.

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It is contended by the petitioner that if those votes were counted, the petitioner would have stood elected. In order to ascertain the correct facts, this Court had called upon the respondents to produce he actual number of votes polled in favour of each one of the contesting candidates and the candidates who had been declared as elected. The details had been produced. Among the women candidates in general category, J.Kalaiarasi got 246 votes, D.Naga Lakshmi got 180 votes and L.Arumbu got 133 votes. The petitioner / K.Kauvery got 128 votes.

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It is contended by the learned counsel for the petitioner that if the votes which had been destroyed by termites were counted, the petitioner would have been declared as elected. But that is a statement made on presumption alone. The fact is that the votes were destroyed by termites and not on account of any deliberate act of the

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https://www.mhc.tn.gov.in/judis

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respondents. It had happened beyond the control of the respondents. There was continuous rain fall and ballot boxes were damaged and termites crept into the box. Counting was conducted only on 06.01.2020 under directions of this Court in W.P.No. 34532 of 2019. The entire proceedings of the counting was also videographed as directed by the Court. There is no mala fide attributed against the respondents. This damage of votes by termites is an act which could not have been prevented by the respondents. If the respondents had opened the ballet boxes, even before the votes had been counted, then an allegation would have been raised against the respondents that the ballet boxes were opened only to tamper with the votes already polled. Therefore, the respondents could not even open the ballet boxes. The vote slips were damaged by termites and this was found only when the ballet boxes were actually opened for the votes to be counted. It is a fact which the petitioner will have to accept.

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It is also seen that the term of office would end on 30.01.2025. Therefore, nothing further survives to be adjudicated in this Writ Petition as on date. The entire issue had happened beyond the control of the respondents. The petitioner will have to accept the same.

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https://www.mhc.tn.gov.in/judis

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The Court wishes the petitioner all the very best if she is to

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contest the election once again in the next term.

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The Writ Petition stands dismissed. No order as to costs.

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21.01.2025

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vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order

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The Commissioner The Tamilnadu State Co-operative Societies Election Commission No.273, 1^st Floor, Kamadhenu Super Market Building Anna Salai, Teynampet Chennai – 600 018.

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The District Election Officer cum Deputy Registrar Co-operative Societies Cuddalore Circle, Cuddalore District.

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The Election Officer E 2644 – Periyakattupalayam Primary Agricultural Co-operative Credit Society Periyakattupalayam & Post Panruti Taluk, Cuddalore – District.

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https://www.mhc.tn.gov.in/judis

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C.V.KARTHIKEYAN, J., vsg

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W.P.No. 3056 of 2020

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21.01.2025

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https://www.mhc.tn.gov.in/judis