Allowed

Thangavel.a v. the Commissioner

Madras HC22 Jan 2021WP(MD)/345/2021

Case brief

AI extract

What is this about?

Petitioner, an elected councillor, filed a writ petition seeking direction to hold elections for vacant Panchayat Chairman and Vice Chairman posts. Court directed the Election Commission to issue notifications in February 2021 and ensure adequate security.

What did the court decide?

Writ Petition allowed directing the first respondent to notify elections in the first week of February 2021, ensuring police protection and videography.

Thangavel.a Vs the Commissioner — Pension and Retirement Benefits | Madras HC (2021)

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W.P.(MD)No.345 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2021 CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.345 of 2021

A.Thangavel

: Petitioner

Vs.

1.The Commissioner,

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Tamilandu Panchayat Union Election Commision,

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Koyampedu, Chennai.

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2.The District Collector, Theni District.

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3.The Election Officer/The Sub Collector, Panchayat Union Elections, Periyakulam, Theni District.

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: Respondents

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PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to notify election to the post of Chairman and Vice Chairman of Periyakulam Panchayat Union, Theni District, forthwith.

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For Petitioner :Mr.N.R.Elango, Senior Counsel for Mr.Thilak Kumar For R1 :Mr.Raja Karthikeyan For R2 and R3 :Mr.K.Chellapandian, Additional Advocate General assisted by Mr.S.Angappan, Government Advocate

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ORDER

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Heard the learned Counsel for the petitioner, the learned Sanding Counsel for the first respondent and the learned Additional Advocate General for R2 and R3.

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2.The petitioner is a elected Panchayat Union Councillor for Ward-7 of Periyakulam Panchayat Union, Theni District. The petitioner had taken oath on 06.01.2020. The grievance of the petitioner is that even though further election for the post of Chairman and Vice Chairman was fixed on 11.01.2020, it was not held and for more than one year, the two posts are remaining vacant. That necessitated the filing of this Writ Petition.

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3.This Court ordered notice to the first respondent and called upon the learned Standing Counsel for the first respondent to make a firm statement in this regard.

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

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W.P.(MD)No.345 of 2021

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4.The learned Standing Counsel for the first respondent, upon instruction from the Election Commission, stated that the notification for holding election for the post of Chairman and ViceChairman of Periyakulam Panchayat Union, Theni District, will be issued in the first week of February 2021 so that the election itself will be held on or before 15.02.2021. The submission made by the learned Standing Counsel for the first respondent is recorded.

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5.The first respondent will duly notify the Superintendent of Police, Theni District for providing proper police protection in this regard. The entire election process will be fully videographed.

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6.The Writ Petition stands allowed on the above terms. No costs.

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Assistant Registrar (CO)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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cmr

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1.The Commissioner, Tamilandu Panchayat Union Election Commission, Koyampedu, Chennai.

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2.The District Collector, Theni District.

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3.The Election Officer/The Sub Collector, Panchayat Union Elections, Periyakulam, Theni District.

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+1 CC to M/s.GP ( SR-2025[F] dated 25/01/2021 )

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+1 CC to M/s.P.THILAKKUMAR, Advocate ( SR-2065[F] dated 25/01/2021 )

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W.P.(MD)No.345 of 2021 22.01.2021

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MJ(CO) KK(27.01.2021) 2P 6C

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

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Thangavel.a v. the Commissioner

Case brief

What is this about?

What did the court decide?

Thangavel.a v. the Commissioner

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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