Petitioner filed a revision petition challenging an order directing a vote re-count in a 2006 Town Panchayat election. The court dismissed the petition as infructuous because the election term expired in 2011, rendering a re-count useless.
Petition dismissed as infructuous; no costs; connected Miscellaneous Petition closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2019
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(NPD)No.1895 of 2010 &
M.P.No.1 of 2010
V.Tamilselvi ... Petitioner
v.
1. The Electoral Officer-Executive Officer
Ayodhyapattinam Town Panchayat
Salem
2. Vasantha
3. Vanaja
4. Pushpa Rajkumar
5. M.Mamtha
6. M.Lalitha ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of
India, against the order passed by the I Additional District Court, Salem in E.O.P.N o.127 of 2006, dated 30.03.2010.
For Petitioner : Mr.S.Babu
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for Mr.V.Anand
For Respondents : Mr.P.Jagadeesan - for R2
No Appearance - for R1, R3 to R5 Not Ready-in-notice - for R6
ORDER
The petitioner has filed the above Civil Revision Petition
challenging the order passed in E.O.P.No.127 of 2006 on the file of the
I Additional District Court, Salem.
Salem, allowed the E.O.P and directed the 1st respondent to re-count the votes polled on 13.10.2006 for Ward No.11, Ayodhyapattinam Town Panchayat, Salem District.
for the period 2006 to 2011. The learned counsel appearing for the petitioner also admitted that the tenure of the Town Panchayat came to an and in the year 2011. Now, we are in the year 2019 i.e., 8 years after
the completion of the tenure in the year 2011. In these circumstances, nothing survives for adjudication in the present Civil Revision Petition for
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the reason that even if the Civil Revision Petition is allowed and if the
petitioner succeed in the re-counting, she cannot hold the post now.
In such view of the matter, the Civil Revision Petition is dismissed as
infructuous. No costs. Consequently, connected Miscellaneous
Petition is closed.
29.04.2019
Index : Yes/No
Speaking Order/Non-speaking Order
Rj
To
1. The Electoral Officer-Executive Officer
Ayodhyapattinam Town Panchayat
Salem
2. The I Additional District Court
Salem
M. DURAISWAMY,J.,
Rj
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C.R.P.(NPD)No.1895 of 2010 &
M.P.No.1 of 2010
29.04.2019
1 issue framed by the court
Whether the Election Officer's order directing a re-count of votes is maintainable when the elected tenure has expired eight years ago.
1 provisions across 1 enactments
V.Tamilselvi
The Electoral Officer-Executive Officer Ayodhyapattinam Town Panchayat Salem
Vasantha
Vanaja
Pushpa Rajkumar
M.Mamtha
M. Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
