Writ petition challenging village panchayat election proceedings was dismissed as no representation was filed and a government notification for fresh elections superseded the contested order.
The writ petition was dismissed and the connected miscellaneous petition was closed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 110 of 2011 and
M.P. No. 2 of 2011
K. Natarajan .. Petitioner Vs. 1 THE STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9. 2 TAMIL NADU STATE ELECTION COMMISSION REP BY SECRETARY 208/2 JAWAHARLAL NEHRU SALAI ARUMBAKKAM CHENNAI- 106. 3 THE STATE ELECTION OFFICER / DIRECTOR OF RURAL DEVELOPMENT & PANCHAYAT RAJ SAIDAPET, CHENNAI-15. 4 THE DISTRICT COLLECTOR / DISTRICT ELECTION OFFICER COTTON MARKET COMPLEX PALLADAM ROAD TIRUPPUR-641604. TIRUPPUR DISTRICT 5 THE BLOCK DEVELOPMENT OFFICER / RETURNING OFFICER AVINASI PANCHAYAT UNION AVINASI TIRUPPUR-641654. 6 THE PRESIDENT (IN-CHARGE) / VICE-PRESIDENT CHINNERIPALAYAM VILLAGE PANCHAYAT CHINNERIPALAYAM KARUKKAMPALAYAM POST TIRUPPUR-641654. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for all the Records pertaining to the Statutory Order No. S.O.No. 97/2010/TNSEC/PE-1 dt.16.12.2010 of the 2nd Respondent and quash the same in so far as it concerns election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat scheduled for 10-01-2011 and for a Direction to the Respondents 1 to 5 to duly prepare and publish the Electoral Roll of all eligible electors of the 3 Wards in Chinneripalayam Village Panchayat and thereafter duly publish the Statutory Notification and thereafter to hold the election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat afresh by strictly following all the statutory provisions contained in the Tamil Nadu Panchayats Act, 1994 and the Tamilnadu Panchayats (Elections) Rules 1995 and pass further orders.
For Petitioner : No Appearance For Respondent : Mr. S. Navaneethan, AGP for Respondents 1, 3, 4 & 6 Mr. S.T.S Murthy, AAG for R5 No Appearance for R2 O R D E R
This Writ Petition has been filed to quash the proceedings pertaining to the Statutory Order No. S.O.No. 97/2010/TNSEC/PE-1 dt.16.12.2010 of the 2nd Respondent, in so far as it concerns election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat scheduled for 10-01-2011 and for a Direction to the Respondents 1 to 5 to duly prepare and publish the Electoral Roll of all eligible electors of the 3 Wards in Chinneripalayam Village Panchayat and thereafter duly publish the Statutory Notification and thereafter to hold the election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat afresh by strictly following all the statutory provisions contained in the Tamil Nadu Panchayats Act, 1994 and the Tamilnadu Panchayats (Elections) Rules 1995.
sd/ Assistant Registrar(CS II) /true copy/ Sub Assistant Registrar
avr
To 1 THE PRINCIPAL SECRETARY STATE OF TAMIL NADU RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.
2 THE SECRETARY
TAMIL NADU STATE ELECTION COMMISSION
208/2 JAWAHARLAL NEHRU SALAI
ARUMBAKKAM CHENNAI- 106.
3 THE STATE ELECTION OFFICER /
DIRECTOR OF RURAL
DEVELOPMENT & PANCHAYAT RAJ
SAIDAPET, CHENNAI-15.
4 THE DISTRICT COLLECTOR /
DISTRICT ELECTION OFFICER
COTTON MARKET COMPLEX
PALLADAM ROAD
TIRUPPUR-641604.
TIRUPPUR DISTRICT
5 THE BLOCK DEVELOPMENT OFFICER
/ RETURNING OFFICER
AVINASI PANCHAYAT UNION
AVINASI TIRUPPUR-641654.
6 THE PRESIDENT (IN-CHARGE) /
VICE-PRESIDENT
CHINNERIPALAYAM VILLAGE
PANCHAYAT CHINNERIPALAYAM
KARUKKAMPALAYAM POST
TIRUPPUR-641654.
+1cc to Mr.Ashok Viswanath Advocate SR.No.7338
+1cc to Mr.S.T.S.Murthy Advocate SR.No.72928
+1cc to Governemt Pleader Sr.No.73291
W.P. No. 110 of 2011
and
M.P. No. 2 of 2011
SK(CO)
GN(09/02/2017)
3 provisions across 3 enactments
K. Natarajan
THE STATE OF TAMIL NADU
TAMIL NADU STATE ELECTION COMMISSION
THE STATE ELECTION OFFICER/DIRECTOR OF RURAL DEVELOPMENT & PANCHAYAT RAJ
THE DISTRICT COLLECTOR/DISTRICT ELECTION OFFICER
THE BLOCK DEVELOPMENT OFFICER/RETURNING OFFICER
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
