Dismissed
Amirthavalli.B v. the Dist. Collector
Madras HCWP(MD)/1963/2021
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from the order text
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BEFORE THE MADURAI BENCH OF MADRAS HIGH…
What the court decided
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WP(MD)No.1963 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.1963 of 2021 and W.M.P.(MD)No.2236 of 2021
1.B.Amirthavallli
2.Karthuri
...Petitioners
/Vs./
WP(MD)No.1963 of 2021
6.The Block Development Office (VP), Muthukulathur Taluk, Ramanathapuram District.
7.The President, Nallukurichi (Post), Mudhukulathur Taluk, Ramanathapuram District. . ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to disqualify the 7th respondent as women president as she was elected based on the forgery caste certificate in SC Women Panchayat.
For Petitioners : Mr.S.C.Herold Singh For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus, directing the first and second respondents to disqualify the 7th respondent, who is the President of the Nallukurichi Village Panchayat, on the ground that the 7th respondent has produced a forged caste certificate as if she belongs to the SC community.
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WP(MD)No.1963 of 2021
2. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submitted that the second petitioner had already filed an election petition in ELOP No.18 of 2020 before the Principal District Court, Ramanathapuram and the very same ground was taken before the Court and this petition came to be dismissed by an order dated 18.11.2021. A copy of the judgment was also placed before this Court.
3. In view of the above development, no further orders can be passed in this writ petition. If the petitioners are aggrieved by the judgment passed in ELOP No.18 of 2020, they have to independently agitate their rights by way of filing an appeal. The genuineness or otherwise of the community certificate is a subject matter in ELOP No.18 of 2020 and therefore, unless and otherwise it is held so by the competent court, this Court cannot parallelly give any direction to the authority to scrutinize the community certificate issued in favour of the 7th respondent.
4. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
11.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No
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WP(MD)No.1963 of 2021
N.ANAND VENKATESH, J.
sm
TO:-
Order made in W.P.(MD)No.1963 of 2021
Dated: 11.10.2023
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2 issues framed by the court
Whether the writ court can direct authorities to disqualify a Panchayat President on grounds of forged caste certificate when the issue was already decided in a Court of Law.
Whether the High Court can pass parallel directions to scrutinize a community certificate pending a decision in a lower court election petition.
A. Amirthavallli
Karthuri
District Collector, Ramanathapuram
State Panchayat Election Commissioner
President, Nallukurichi Village Panchayat
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court