M.Anandhi v. The Tamilnadu State Election Commissioner

ORDER CRP.No.5059 of 2025 has been filed challenging the order passed by the trial court dismissing the application filed by the petitioner seeking permission to inspect the Exhibits R1 and R2 marked through 3rd respondent/R.W.1. The CRP.No.5061 of 2025 has been filed by the petitioner challenging the order passed by the trial court dismissing the application filed by the petitioner seeking copies of Exhibits R1 and R2.

¶2The petitioner herein filed an election petition against the respondents. The petitioner sought for a declaration that results announced on 12-10-2021 declaring fourth respondent as winner of the election for the post of Ward No. 3 of Manimangalam Village Panchayat was null and void. He also sought for re-counting of the votes polled in election held on 09-10-2021 in the presence of second respondent and declaration of fresh result.

¶3In the main OP, the third respondent/ returning officer was examined as RW1 and through him, exhibits R1 and R2 namely ballot box and CCTV footage of counting of votes in 8 D.V.R. were marked. The instant application has been filed by the petitioner seeking to inspect the documents and to get the copies of the same. The applications filed by the petitioner have been dismissed by the trial court on the ground that both the exhibits R1 and R2 were in sealed cover and therefore, the same cannot be opened before conclusion of the enquiry. Aggrieved by the same, the petitioner has come before this court.

¶4The learned counsel for the petitioner vehemently contended that exhibits R1 and R2 were marked before the court and therefore, the petitioner is entitled to copy of the same.

¶5Exhibit R1 is the sealed ballot box utilized for polling. Therefore, the copy of the same cannot be given to the petitioner. However, in case the petitioner succeeds in OP and the court orders re-counting of the ballot, the petitioner is entitled to be present at the time of re-counting. As far as Exhibit R2 is concerned, it is a CCTV footage recorded in DVR. When CCTV footage was marked as an exhibit, as a party to the proceedings, the petitioner is entitled to copy of the same. Therefore, the Court is bound to furnish the copy of the CCTV footage to the petitioner. The court can order de-sealing of DVR and copying of the same in the presence of responsible officer of the court, competent experts and representatives of all the parties and thereafter, again the DVR's can be sealed safely. The copied footage shall be furnished to the petitioner.

¶6With these directions, both the civil revision petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

08.01.2026 Index : Yes / No Internet : Yes / No nr To

¶1The Principal District Judge, Principal District Court, Kancheepuram.

S.SOUNTHAR , J. nr CRP.Nos.5059 and 5061 of 2025 and CMP.Nos.25518 and 25523 of 2025

08.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.01.2026 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.Nos.5059 and 5061 of 2025 and CMP.Nos.25518 and 25523 of 2025 M.Anandhi ... Petitioner Vs. 1. The Tamil Nadu State Election Commissioner The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai – 600 106. 2. The District Election Officer-cum-District Collector Kancheepuram District 3. The Returning Officer cum Block Development Officer, Block Development Office, Kundrathur Union at Padappai, Kancheepuram District – 601 301. 4. N.Yuvaraj 5. Prabhakar 6.M.Pichandi ...Respondents Prayer in CRP.No.5059 of 2025 : Civil Revision Petition filed Article 227 of Constitution of India, praying to allow the Civil Revision Petition and set aside the fair order dated 26.08.2025 made in I.A.No.8 of 2025 in Election O.P.No.77 of 2021 passed by the Principal District Judge, Principal District Court, Kancheepuram. Prayer in CRP No.5061 of 2025: Civil Revision Petition filed Article 227 of Constitution of India, praying to allow the Civil Revision Petition and set aside the fair order dated 26.08.2025 made in I.A.No.7 of 2025 in Election O.P.No.77 of 2021 passed by the Principal District Judge, Principal District Court, Kancheepuram. For Petitioner : Mr.K.Venkateswaran For R2 and R3 : Mr.N.Muthuvel (Government Advocate) (in both CRPs)