This order dismisses a writ petition challenging a polling booth allocation before local body elections as infructuous because the election had already concluded.
The writ petition was dismissed as infructuous with no costs awarded. Connected miscellaneous petitions were also dismissed.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2021
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)NO.16820 OF 2021 and W.M.P(MD)Nos.13705 and 13708 of 2021
P.Lingasami
:Petitioner
1.The State of Tamil Nadu, represented by its Principal Secretary to Government,
Rural Development and Panchayat Raj Department, Secretariat, Fort St.George,
Chennai – 600 009.
2.The State Election Commissioner, Office of the Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumpakkam,
Chennai – 600 106.
3.The District Collector/The District Election Officer, Collectorate, Tenkasi District, Tenkasi
4.The Block Development Officer/Kadayanallur Panchayat Union, Election Officer, Kadayanallur Panchayat Union, Kadayanallur Post, Tenkasi District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to restore the original polling booth for ward No.2 and 3 of Valasai Village, Kambaneri Village Panchayat, Kadayanallur Panchayat Union, Tenkasi District at Panchayat Union Primary School, Valasai Village instead of Adhi Dravidar Welfare High School, Valasai for the forthcoming local body election and in future.
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For Petitioner :Mr.M.Saravanakumar
For Respondents :Mr.P.Thilakkumar 1,3 and 4 Govt.Pleader
For Respondent-2 :Mr.B.Saravanan
Government Advocate
O R D E R
(Order of the Court was made by PUSHPA SATHYNARAYANA,J)
The matter relates to shifting of the Polling Booth for the election slated on 09.10.2021. As the election itself is over, the prayer sought for in the Writ Petition has become infructuous.
2.Accordingly, the Writ Petition stands dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are dismissed.
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vsn
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Principal Secretary to Government, Government of Tamil Nadu,
Rural Development and Panchayat Raj Department, Secretariat, Fort St.George,
Chennai – 600 009.
2.The State Election Commissioner, Office of the Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road,
Arumpakkam,
https://hcservices.ecourts.gov.in/hcservices/ Chennai – 600 106.
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+1 CC to M/s.SPL.GP ( SR-33937[F] dated 10/11/2021 )
+1 CC to M/s.B. SARAVANAN, Advocate (SR-34016[F]dated 10/11/2021 )
W.P(MD)NO.16820 OF 2021 and W.M.P(MD)Nos.13705 and 13708 of 2021 09.11.2021
RK/PM(22/11/2021) 3P 8C
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1 issue framed by the court
Whether a writ petition seeking restoration of the original polling booth before local body elections is maintainable when the election has already concluded.
1 provisions across 1 enactments
P.Lingasami
The State of Tamil Nadu
The State Election Commissioner
The District Collector
The Block Development Officer
PUSHPA SATHYNARAYANA
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
