This Civil Revision Petition under Article 227 sought a direction to dispose of an Election Petition expeditiously. The Court directed the Principal District Judge to decide the matter within three months.
Direction to the Principal District Judge, Ramanathapuram to dispose of ELOP No.25 of 2022 within three months.
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.
CRP(MD)No.1954 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 02.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.1954 of 2022
M.Selvamani ... Petitioner
Vs
5.Varadhan
6.K.Iswarya ... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Election Tribunal/ Principal District and Sessions Judge,
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CRP(MD)No.1954 of 2022
Ramanathapuram to dispose of the Election Petition filed by the petitioner in ELOP No.25 of 2022 within the time that may be fixed by this Court.
For Petitioner : Mr.B.Saravanan For Respondent : Mr.M.Sarangan No.2 Additional Government Pleader For Respondent : Mr.A.Kannan Nos.3 and 4 For Respondent : Mr.B.Barathan No.5
ORDER
This Civil Revision Petition is filed for a direction
to the learned Principal District Judge, Ramanathapuram to dispose of ELOP.No.25 of 2022, within the time frame fixed by this Court.
2.The learned Counsel for the petitioner submits that the petitioner has filed an ELOP No.25 of 2022 on 05.04.2022 challenging the election of the first respondent as Ward Councilor. The learned Counsel by referring Section 51(A)(6) of the Tamil Nadu Municipalities Act, 1920 submits that every election petition shall be tried as
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CRP(MD)No.1954 of 2022
expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial. But the respondents are dragging on the proceedings and therefore, this petition is filed for a direction as above.
3.In view of Section 51(A)(6) of the Tamil Nadu
Municipalities Act, 1920, the learned Principal District Judge, Ramanathapuram is directed to dispose of ELOP.No.25 of 2022 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. This Civil Revision Petition is disposed of accordingly. No costs.
02.11.2022
dsk
To
The Principal District Judge, Ramanathapuram.
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CRP(MD)No.1954 of 2022
B.PUGALENDHI, J.
dsk
CRP(MD)No.1954 of 2022
02.11.2022
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2 issues framed by the court
Whether to direct the Principal District Judge to dispose of the Election Petition within a specific time frame under Article 227.
Whether the trial of an election petition under Section 51(A)(6) of the Tamil Nadu Municipalities Act, 1920 can be expedited.
2 provisions across 2 enactments
M. Selvamani
The Tamil Nadu State Election Commissioner
The Director of Municipal Administration, Chennai
Returnig Officer/ Commissioner, Ramanathapuram Municipality
The Assistant Returning Officer, Ward No.1, Ramanathapuram Municipality
Varadhan
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
