Termites eat up ballot papers, Madras HC tells losing candidate to accept reality
Justice CV Karthikeyan wished the candidate all the best, if she plans to participate in the election again, while dismissing her plan to reconduct the poll
Madras High Court (File)
CHENNAI: An aspiring candidate who contested in a cooperative society election returned dejected after the Madras High Court dismissed her petition to reconduct the poll as some of the ballot papers were destroyed by termites noting that some things are not in our control.
Justice CV Karthikeyan wished the candidate all the best, if she plans to participate in the election again, while dismissing her plan to reconduct the poll.
K Kauvery joined the race in Primary Agricultural Cooperative Credit Society, Periyakattupalayam, Cuddalore, conducted on September 3, 2019. She contested in one of the three posts reserved for women in the general category, and elected candidates would go on to serve a five-year term. On the polling day, 1,311 votes were recorded, and the counting was scheduled for the next day. However, due to various reasons, the counting was delayed until January 6, 2020.
Unfortunately, 124 ballot papers were damaged by the termites that claimed the boxes, as they had been left untouched for three months. Moreover, some ballot boxes were damaged by rainwater seeping through them.
Kauvery lost the polls, and aggrieved by the conditions, she made a representation to the Tamil Nadu State Cooperative Societies Election Commission to declare the election as null and void due to the damages incurred to the ballot papers. She also sought to reschedule the election from the stage of scrutinising nomination papers. As the respondent refused her representation, she moved the HC.
The court refused to accept the petitioner's contention that she would win the election if the damaged ballot papers were counted; the judge held that the statement was made on presumption.
The respondents had no role in the situation as the damage was done by termites, which they could not prevent, the judge held.
"The fact is that the votes were destroyed by termites and not on account of any deliberate act. It had happened beyond the respondents' controls, and the petitioner should accept the fact," wrote the judge.
