Chennai: The Madras High Court today declined to
stay counting of votes cast in Monday`s polling for the
Chennai City Corporation and mayoral post but made it clear
that the outcome of the polls would be subject to "results" on
petitions challenging the elections on various grounds.
A Division Bench, comprising Justices D Murugasen and K K
Sasidharan, permitted the Tamil Nadu State Election
Commissioner to go ahead with repolling in seven booths where
it had been ordered.
It stated that on record there were only allegations
levelled by way of representations, not supported by any
material for the court`s consideration, by DMK legal wing
secretary R S Bharathi and Corporation Mayor M Subramanian,
who is seeking another term.
Permitting the SEC to proceed with counting of votes
polled, publication of results and issuance of certificates to
the successful candidates, the Judges said "such counting and
issuance of certificates will be subject to the results of the
The Judges also directed the SEC to make an endorsement on
the certificates to the victorious candidates and mayor that
the declaration would be subject to outcome of the petitions.
They said the issue as to whether the alleged
non-compliance of the court`s directions had any bearing to
set aside the election had to be decided at the final hearing.
How far such non-compliance of the directions would nullify
the election was a matter to be adjudicated at the final
hearing, the Judges said and pointed out that the allegations
of booth capturing also had to be considered in detail.
The petitions challenged the first phase of the polls on
October 17 on various grounds, including alleged violation of
the Court`s direction to videograph the votes cast at all