Following the 2021 legislative assembly elections, the Madras High Court has taken a notable step by stepping in to address the situation. Specifically, the court has directed a recount of 605 postal ballots in the Krishnagiri constituency of Tamil Nadu, which were previously disqualified by the Returning Officer.

T Senguttuvan, representing the Dravida Munnetra Kazhagam (DMK) party, filed an election petition with the high court after losing to All India Anna Dravida Munnetra Kazhagam (AIADMK) candidate Ashok Kumar K. Senguttuvan alleged that 605 postal ballot votes were unjustly rejected without proper explanation, violating the procedure outlined in the Conduct of Election Rules, 1961. Additionally, he contended that despite making repeated requests, neither he nor his agent received any communication regarding the reasons for the rejection of these ballots.

Justice PT Asha's bench observed a narrow margin of only 794 votes between Senguttuvan and K Ashok Kumar. The court emphasized the absence of substantial evidence demonstrating that either Senguttuvan or his representative had been informed about the reasons behind the rejection of votes.

Therefore, in the interest of justice, Justice Asha ordered the votes to be recounted. "If the applicant is able to establish that the rejection of the postal ballot votes was contrary to the provisions of Rule 54-A(8) of the Conduct of Election Rules, it would definitely have a bearing on the ultimate result," she noted. 

Consequently, Justice Asha directed the Registrar General of the Madras High Court to designate a registrar to supervise the recounting procedure. Additionally, she instructed the Election Commission of India (ECI) to appoint two officers for the recounting process, stipulating that it must occur in the presence of the candidates or their authorized representatives.

Following the conclusion of the recount, the Registrar General of the high court has been instructed to furnish a thorough report detailing the proceedings.

Case Title: T.Senguttuvan v. Ashokkumar.K and others