A writ petition filed by the petitioner sought a direction to declare the 5th respondent disqualified and reject his nomination for the Panchayat election under the Tamil Nadu Panchayat Act. The Court dismissed the petition as the election was imminent, leaving the petitioner to approach the appropriate forum.
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 : 07.10.2021
CORAM :
THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM
AND
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.No.21890 of 2021
K.Ramakrishnan
... Petitioner
Vs.
5.R.Velayutham
Ex. Village Panchayat President, Udayanthanga Village, Kallapuliyur Post – 604 208, Gingee Taluk, Villupuram District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, 1950 for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 27.09.2021 to conduct proper enquiry in the issue and to declare the 5th respondent namely
Mr.R.Velayutham as disqualified person and reject his nomination for the election of member of Udayanthangal Village Panchayat, Vallam Panchayat Union, Gingee Taluk, Villupuram District, as per Sections 37(3)(c) & (f) and Section 37(4)(a) of the Tamil Nadu Panchayat Act, 1994.
For Petitioner : Mr.V.R.Appaswamee For R1 : Ms.R.Anitha for Mr.S.Siva Shanmugam, Standing Counsel for State Election Commission
For R2 to R4 : Mr.P.Muthukumar State Government Pleader
(Order of the Court was made by T.S. SIVAGNANAM, J.)
(Through Video Conferencing)
The petitioner seeks for a direction to the respondents 1 to 4 to consider the representation of the petitioner, dated 27.09.2021, to conduct proper enquiry in the issue and to declare the 5th respondent as disqualified person and reject his nomination for the election of Member of Udayanthangal Village Panchayat, Vallam Panchayat Union, Gingee Taluk, Villupuram District, as per Sections 37(3)(c) & (f) and Section 37(4)(a) of the Tamil Nadu Panchayat Act, 1994.
2.Heard the learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the respondents 2 to 4 and Ms.R.Anitha, learned counsel appearing for Mr.S.Siva Shanmugam, learned Standing Counsel, accepting notice for the 1st respondent.
3.The election notification has already been issued and elections are to be conducted on 09.10.2021. Therefore, the prayer sought for in the writ petition cannot be granted. However, it will be open to the petitioner to question the candidature of the 5th respondent before the appropriate forum. Accordingly, this writ petition is dismissed. No costs.
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
mkn
To
Arumbakkam, Chennai – 600 106.
3.The Returning Officer, Panchayat Union Office, Vallam, 604 206, Gingee Taluk, Villupuram District.
+1cc to M/s.V.R.Appaswamee, Advocate Sr.52713
+1cc to M/s.S.Sivashanmugam, Advocate Sr.53043
+1cc to the Government Pleader Sr.52782
W.P.No.21890 of 2021
ksm[co] srg 28/10/2021
2 issues framed by the court
Whether the High Court should direct the respondents to conduct an enquiry and disqualify the 5th respondent given the imminent election date.
Whether the writ petition can be granted given that the election notification has already been issued and elections are scheduled.
2 provisions across 2 enactments
K.Ramakrishnan
State Election Commissioner
District Collector
Returning Officer
R.Velayutham
T.S. Sivagnanam
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
