The result in Neredmet division was withheld on December 4 by the Returning Officer, on an Order by the Single Judge of Telangana High Court on that day, after setting aside the midnight circular issued by the State Election Commission (SEC), as the number of ballots with ‘distinguished mark’ other than ‘Swastik’ was more than the majority of TRS.
The ruling party was leading by 505 votes but ballots with ‘distinguished mark’ other than ‘swastik’ was 544 votes.
However, Justice A Abhishek Reddy on Monday, granted permission to the SEC to declare the GHMC election result of Neredmet division after taking up the BJP petition against the circular once again.
The Election authorities has made arrangements for the counting of 544 disputed votes, bearing marks other than that of swastik, at 8 am this morning.
The single judge on Friday last in an Order said if the number of ballot papers with ‘distinguish mark’ exceeds 100, the final result of that division should be kept pending.
He also clarified that only the votes marked with swastika on ballot papers should be considered and validated for counting purpose in the GHMC election which held on December 1 and said the results of those divisions where the ballots with such distinguish marks, cannot impact final results, can be announced.
The Judge directed the SEC not to declare results where the ballots with distinguished marks are in majority.
A Division Bench of Telangana High Court on Saturday refused to interfere in the single judge order.
The Division Bench headed by Chief Justice Raghvendra Singh Chauhan, while refusing to interfere, after the SEC moved the Court against the single judge order, said ‘Go before the single judge and raise all your technical objections before him.’
On December 3, SEC Secretary M Ashok Kumar clarified “if the intention of the voter is clear on marking to a particular candidate, that vote can be treated as a valid vote to the candidate since it is the mistake of the polling personnel under rule 51(h) of Conduct of Election Rules, 2005.
Challenging the SEC circular of Wednesday last , the BJP moved the High Court by filing urgent house motion petition.
Justice Abhishek Reddy, who heard the matter set aside the circular.