Petition seeking recount of votes dismissed

Dismissing the plea moved by Munuswamy alleging irregularities in the counting the postal votes and the 19th round, Justice PN Prakash said, “Unless prima facie materials are furnished, the tribunal cannot allow a full trial for the purpose of letting in evidence and ordering recount and thereafter declare the results.” The judge also noting that the court cannot start off with the presumption that counting failed to transpire properly, said “In the teeth of the illustration 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 is heavily 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 guidelines.” 

Munusamy who had secured 63.142 votes while Arasu won by a narrow margin polling 63,446 votes, had raised the contention that counting of votes was not done properly, especially during the 19th round and the postal ballots were also not counted properly. However, the returning candidate in his plea sought to dismiss it stating that the plea besides being vague was also bereft of material facts and hence substantially defective. 

The returning officer for his part contended that signatures were obtained from all agents after each round of counting including the 19th and the postal ballot.