Dismissed

C.Palaniappan v. the Tamil Nadu State Election

Madras HC13 Dec 2024WP/2076/2020

Case brief

AI extract

What is this about?

Writ petition seeking directions on a representation regarding a village panchayat ward member election declaration. The court held Section 258 of the Tamil Nadu Panchayat Act, 1994 bars judicial examination of panchayat election disputes except by election petition before the District Court, and dismissed the petition as not maintainable.

What did the court decide?

None granted; writ petition dismissed as not maintainable, no costs.

C.Palaniappan Vs the Tamil Nadu State Election — Election Law | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.12.2024

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CORAM

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THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

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W.P.No.2076 of 2020

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C.Palaniappan .. Petitioner

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Vs.

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1.The Tamil Nadu State Election Commission,

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Rep. by its Secretary, No.208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai – 600 106.

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2.The District Election Officer, Tiruvaru District.

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3.The Returning Officer, For the post of Ward Member to 5^th Ward of Pappakudi Village Panchayat, Tiruvarur District.

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4.Saminathan, Candidate, For the post of Ward Member to 5^th Ward of Pappakudi Village Panchayat, Tiruvarur District. .. Respondents

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https://www.mhc.tn.gov.in/judis

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Prayer:

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the respondent pursuant to the impugned order dated 24.04.2020 and to quash the same.

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For Petitioner .. Mr.G.Sujith For R1 .. No appearance For R2 & R3 .. Mr.V.Nanmaran, Additional Government Pleader For R4 .. Ms.S.Sasikala

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ORDER

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This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the 1^st respondent, the Secretary, Tamil Nadu State Election Commission, Chennai, to pass orders on the representation of the petitioner dated 07.01.2020 and instruct the 2^nd and 3^rd respondent namely, the District Election Officer, Tiruvarur District and the Returning Officer for the post of Ward Member to the 5^th Ward of Pappakudi Village Panchayat in Tiruvarur District in Valangaiman Panchayat Union to act in accordance with the Declaration Certificate dated 02.01.2020 issued to the petitioner.

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https://www.mhc.tn.gov.in/judis

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2.Section 258 of the Tamil Nadu Panchayat Act, 1994 places a bar on

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any Court examining any dispute relating to elections in a panchayat except for the District Court of the jurisdictional district. An election petition should be presented before the jurisdictional District Court within 15 days from the date of declaration of the result. This Court cannot examine the relief sought by the petitioner. This matter had actually been listed under the caption 'for maintainability'. This Writ Petition is not maintainable. Accordingly, Writ Petition stands dismissed. No costs.

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13.12.2024

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Index:Yes/No Internet:Yes/No smv

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1.The Tamil Nadu State Election Commission, Rep. by its Secretary, No.208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai – 600 106.

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https://www.mhc.tn.gov.in/judis

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C.V.KARTHIKEYAN,J.

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smv

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2.The District Election Officer, Tiruvarur District.

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3.The Returning Officer, For the post of Ward Member to 5^th Ward of Pappakudi Village Panchayat, Tiruvarur District.

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W.P.No.2076 of 2020

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13.12.2024

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https://www.mhc.tn.gov.in/judis

C.Palaniappan v. the Tamil Nadu State Election

Case brief

What is this about?

What did the court decide?

C.Palaniappan v. the Tamil Nadu State Election

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

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