Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
- TamilNadu Panchayat Act, 1994 s. 258
Key paragraphs
- Para 2222. This writ petition is liable to be dismissed on two groundsviz., the Writ Petitioner S. Ramasamy, unfortunately passed away during the pendency of the writ petition on 18.11.2011, and secondly the further prayer to post Mr. R.Jayachandran, the legal representative of the deceased, as…
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDated :: 05..11..2012Coram::THE HONOURABLE MR.JUSTICE T. RAJA W.P.(MD) No. 12707 of 2011 andM.P.(MD)Nos.1 to 3 of 2011S.Ramasamy (Died)R. Jeyachandran,S/o. Late S. Ramasamy, Kottaipatti, Kattakamanpatti (PO),Batlagundu Panchayat Union, Nilakkottai Taluk, Dindigul District. ... Petitioner (Petitioner substituted as Legalrepresentative of the deceasedvide order dated 01.10.2012 inM.P.(MD)No.4 of 2011)- Vs - 1. The State Election Commissioner, State Election Commission, Chennai.
The District Collector, Dindigul District, Dindigul.
The Election Officer / Returning Officer, (Commissioner), Batlagundu Panchayat Union, Nilakkottai Taluk, Dindigul District.
S. Ramamoorthy, Son of P. Chellam, Kottaipatti, Kattakamanpatti Post, Batlagundu, Nilakkottai Taluk, Dindigul District. ... RespondentsWrit Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the order in Na.Ka.No.2749/2011/A7 dated 21.10.2011 on the file of the third respondent and to quash the same and further direct the respondents herein to post the petitioner as President of Kottaipatti Panchayat, Batlagundu Panchayat Union, Dindigul District as per the Form 25 issued by the third respondent on 21.10.2011. For Petitioner :: Mr.K.R.LaxmanFor Respondents:: Mr.K.Mahendran for R-1 to R-3 Special Government Pleader Mr. R. G. Sankar Ganesh for R-4
O R D E R This writ petition has been filed challenging the election of the fourth respondent / S. Ramamoorthy as President of KottaipattiPanchayat, Batlagundu Panchayat Union, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/
This writ petition is liable to be dismissed on two groundsviz., the Writ Petitioner S. Ramasamy, unfortunately passed away during the pendency of the writ petition on 18.11.2011, and secondly the further prayer to post Mr. R.Jayachandran, the legal representative of the deceased, as President of Kottaipatti Panchayat, cannot be legally considered, as he was not a contesting candidate. Further no ElectionPetition was filed within 45 days in terms of Section 258 of the TamilNadu Panchayat Act, 1994 read with Rule 122 of the Tamil Nadu Panchayats(Election) Rules 1995, hence, no writ petition will lie. 3. Accordingly, this writ petition fails and the same is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 to 3 of 2011 are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant RegistrarTo: 1. The State Election Commissioner, State Election Commission, Chennai. 2. The District Collector, Dindigul District, Dindigul. 3. The Election Officer / Returning Officer, (Commissioner), Batlagundu Panchayat Union, Nilakkottai Taluk, Dindigul District. W.P.(MD) No. 12707 of 2011and M.P.(MD)Nos.1 to 3 of 201105..11..2012dpnPBK 21/11/2012 ::2P-4C::
Precedent status how later indexed judgments have treated this case
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