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Tamil Nadu
By Our Staff Reporter
``There was no cogent, satisfactory and reliable evidence on the side of the petitioner to prove the allegations, against Mr. Ilamvazhuthi, of undue influence, corrupt practice and such other practices materially affecting the results'', ruled Justice P. Thangavel. Mr. John Pandian, who contested on AIADMK symbol, sought to declare the election void and to declare him duly elected. He alleged that his polling agent was threatened by a DMK functionary, resulting in over 100 voters leaving the booth without casting votes. Alleging several such incidents, he said Mr. Ilamvazhuthi himself led a gang and caused panic among and injury to agents. A request for repoll in the booths captured by the petitioner and his men was rejected by the polling officer on the ground that no such incident was reported by any official. Refuting the claims, counsel for Mr. Ilamvazhuthi submitted that there was no basis to show that hundreds of voters had gone without exercising their democratic right. No particular of those voters was produced in court. Dismissing the petition, with Rs. 2,000 as costs, Mr. Justice Thangavel: ``There is no acceptable evidence of the allegation made against Mr. Ilamvazhuthi and there is also no evidence that he had given consent to the election agent or another person to commit undue influence or corrupt practice or any act materially affecting the results of the election. ``If any irregularity is committed by the agents of any other person interested in the candidate, the consent of the candidate or the election agent should be pleaded and proved. The sins of committing illegal acts or offence by an election agent cannot be passed on to the candidate. ``This court holds that neither Mr. Ilamvazhuthi nor his men committed any corrupt practice by booth capturing within the meaning of the Representation of the People Act. There is absolutely no proof of Mr. Ilamvazhuthi and his men holding out any threat to polling officials.''
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