Dismissed

G.Sathiyaseelan v. Tamil Nadu state Election commission

Madras HC6 Oct 2021WP/21688/2021

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking rejection of the fifth respondent's candidature for a Panchayat President election where the scrutiny list was already published and the election was imminent. The Court dismissed the petition, holding that it could not interfere once the election process had commenced.

What did the court decide?

The writ petition and connected WMP were dismissed; the court refused to grant a direction to reject the respondent's candidature.

G.Sathiyaseelan Vs Tamil Nadu state Election commission — Election Law | Madras HC (2021)

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In the High Court of Judicature at Madras

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Dated : 06.10.2021

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Coram :

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The Honourable Mr.Justice T.S.SIVAGNANAM

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and

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The Honourable Mr.Justice SATHI KUMAR SUKUMARA KURUP

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Writ Petition No.21688 of 2021 and WMP No.22863 of 2021

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Mr.G.Sathiyaseelan

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...Petitioner

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Vs

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1.Tamil Nadu State Election Commission,
 Rep. by its Election Commissioner,
 No.208/2, Jawaharlal Nehru Salai,
 Opp. to C.M.B.T, Arumbakkam,
 Chennai-106.

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2.The District Collector, O/o. The District Collectorate of Ranipet, Ranipet District.

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3.The Election Officer (Election),
 Special Tahsildar(Election),
 Office of the District Collector,
 Ranipet-631 401.

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4.The Election Officer,

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 BDO Office, Sholingur,
 Ranipet-631 102.

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5.Mr.A.K.Premnath

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...Respondents

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PETITION under Article 226 of The Constitution of India
praying for the issuance of a Writ of Mandamus directing the
respondents 1 to 4 herein to reject the candidature of
Mr.Premnath the 5th respondent herein for the election to be
held on 09.10.2021 for the post of President of Pulivalam
Panchayat in Sholingur Panchayat Union, Ranipet District.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner: Mr.T.N.Rajagopalan

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For Respondent-2: Mr.P.Muthukumar, GP

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For Respondents 1, 3 & 4: Ms.R.Anitha for

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 Mr.Siva Shanmugam

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Order of the Court was made by T.S.SIVAGNANAM,J

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We have heard Mr.T.N.Rajagopalan, learned counsel
appearing for the petitioner, Mr.P.Muthukumar, learned
Government Pleader accepting notice for the second respondent
and Ms.R.Anitha, learned counsel appearing on behalf of
Mr.S.Siva Shanmugam, learned Standing Counsel for respondents 1,
3 and 4. In the view of the nature of relief this Court proposes
to grant, the writ petition itself is taken up for final
disposal without ordering notice to the fifth respondent.

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2. The petitioner, by way of this writ petition, seeks a
direction to respondents 1 to 4 to reject the candidature of the
fifth respondent for the election proposed to be held on
09.10.2021 for the post of president of Pulivalam Panchayat,
Sholingur Panchayat Union, Ranipet District.

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3. Admittedly, the election notification has been issued,
nomination has been called for, scrutiny was over and the list
of eligible candidates has also been published. The election is
to take place on 09.10.2021. At this juncture, the prayer sought
for cannot be granted. After the election is over, if the
petitioner has got any grievance, it is always open to him to
approach the appropriate forum for necessary relief.

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4. The learned counsel for the petitioner submits that
the petitioner is not a voter in the panchayat and therefore, he
will not be able to maintain an election petition challenging
the candidature of the fifth respondent if he happens to get
elected.

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5. So far as the remedy, which will be available to the
petitioner is concerned, we are not here to advise the
petitioner as to how he has to proceed. The settled legal
principle is that Writ Court shall not interdict the election

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https://hcservices.ecourts.gov.in/hcservices/

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process after the process has begun. Therefore, at this stage,
the writ petition cannot be entertained.

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6. Accordingly, the above writ petition is dismissed.

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However, it is always open to the petitioner to work out his rights in a manner known to law. No costs. Consequently, the connected WMP is also dismissed.

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 Sd/-

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 Assistant Registrar(CS-VI)

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//True Copy//

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 Sub Assistant Registrar

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RS

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To

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1.The Election Commissioner,

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Tamil Nadu State Election Commission,

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No.208/2, Jawaharlal Nehru Salai, Opp. to C.M.B.T,

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Arumbakkam, Chennai-106.

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2.The District Collector,

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O/o. The District Collectorate of Ranipet,

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Ranipet District.

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3.The Election Officer (Election),

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Special Tahsildar(Election),

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Office of the District Collector,

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Ranipet-631 401.

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4.The Election Officer, BDO Office, Sholingur, Ranipet-631 102.

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+1cc to Mr.T.N.Rajagopalan, Advocate, S.R.No.52249

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+1cc to the Government Pleader, S.R.No.52321

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WP.No.21688 of 2021

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PM(CO)

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SB(18/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

G.Sathiyaseelan v. Tamil Nadu state Election commission

Case brief

What is this about?

What did the court decide?

G.Sathiyaseelan v. Tamil Nadu state Election commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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