Lady luck smiles on Padmakumari yet again
The Hindu
Court declares her elected as councillor of Island North through another draw of lots
Lady luck once again smiled on T. Padamakumari, councillor of Island North, as she was declared elected from the division through draw of lots for the second time.
If it was the decision through draw of lots to allow the presiding officer to cast vote in her favour during the local body polls in December 2020 that helped her defeat Congress leader N. Venugopal by a single vote, Principal Munsif Pramod Murali on Monday declared her the winner through draw of lots, and that too after declaring her election null and void.
The presiding officer cast vote in her favour at the end of the polling hours after it was found that there was shortage of one vote polled in the electronic voting machine (EVM) against the number of votes marked as polled in official records. The decision to cast vote for the candidate who won the lot was taken by all the candidates who were in the fray, together. They had also entrusted the job of drawing of lots and casting vote with the presiding officer. As Ms. Padmakumari won the lot, the presiding officer dutifully pressed the EVM button in her favour.
Later, during counting of votes, it was found that Ms. Padamakumari had polled 182 votes as against the 181 votes garnered by Mr. Venugopal, and she was declared duly elected by one vote. Mr. Venugopal later challenged the decision.
The court, which accepted Mr. Venugopal’s prayer to declare the election of Ms. Padamakumari void by nullifying the one vote that was cast in her favour, drew lots to decide the winner.
Legal sources pointed out that Section 180 (b) of the Kerala Municipalities Act prescribed for the determination of winner through draw of lots in case of an equality of votes.
According to Section 180 (b), during the trial of an election, the court shall decide the winner by lot and proceed as if the one who won the lot has received an additional vote, if there is an equality of votes. The addition of a vote by way of draw of lots will entitle the winner to be declared elected, sources pointed out.
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