This is a single-line order dismissing a writ petition challenging an election notification because the petitioner, having participated in the election process by filing nomination, was improperly barred from challenging the process subsequently.
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 : 23.12.2022
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
WP (MD)No.29066 of 2022 and WMP(MD)No.23045 of 2022
Ayyamperumal
... Petitioner
vs.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents herein to revise the Voters lists in connection with the proposed elections to be held on
29.12.2022 in respect of Chokkanatheerpu and Thavalaikulam Water Users Sangam and also to be withhold the conduct of the elections on 29.12.2022.
For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.R.Baskaran, Additional Advocate General assisted by Mr.M.Siddharthan Additional Government Pleader
Mr.Maheshraja for intervenor Mr.Arjunan
ORDER
Heard the learned counsel on either side.
2.The petitioner challenges the impugned election notification. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. According to him, the procedure set out in the relevant statute has not been followed. I am however not in a position to consider the said submissions for the simple reason that the petitioner had taken part in electoral process. He offered his nomination. For certain reasons his nomination was rejected. Following the rejection of the nomination, the petitioner wants to question the election notification. It is clearly not permissible in law. A person who took part in the process cannot turn round and challenge the validity of the process thereafter.
23.12.2022
Index : Yes / No Internet : Yes/ No SKM
To
Saruganiyaru Basin Division, Sivagangai District.
G.R.SWAMINATHAN, J.
skm
WP (MD)No.29066 of 2022 and WMP(MD)No.23045 of 2022
23.12.2022
Ayyamperumal
The District Collector, Sivagangai District
The Tahsildar, Thiruppuvanam Taluk Office, Sivagangai District
The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District
The Assistant Executive Engineer, Public Works Department and Water Resources Department, Thiruppuvanam, Saruganiyaru Basin Division, Sivagangai District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
