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Madras High CourtWP/2184/2020disposed of

K.Palaniammal v. The Tamil Nadu State Election Commission,

2025-07-22Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA

1. K.Palaniammal W/o. Kaliappan, Ulipuram Village, Petitioner(s) Vs

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

2.The District Election Officer, Salem District.

3.The Returning Officer, For the election to the post of President, Ulipuram Village Panchayat, 4.Mrs. Kasthuri, Candidate, for the election to the post of

President, Ulipuram Village Panchayat, Respondent(s) PRAYER This Writ Petitions is filed under Article 226 of Constitution of India to direct the Respondents 1 to 3 to recall the certificate of declaration issued to the 4the respondent for the post of Member of Ward No. 8, Tiruppur Panchayat Union, Tiruppur as she is having two votes in the electoral roll and to conduct fresh election to the said post.

For Petitioner(s):

M/s. R.Sreedhar, For Respondent(s):

Mr.B.Neduchezhian for R1 Mr.M.Rajendiran AGP for R2 and R3 Mr.C.Sivanesan for R4

ORDER

This Writ Petition is filed seeking Mandamus to direct the Respondents 1 to 3 to recall the certificate of declaration issued to the 4the respondent for the post of Member of Ward No. 8, Tiruppur Panchayat Union, Tiruppur as she is having two votes in the electoral roll and to conduct fresh election to the said post.

2. The brief facts of the case are that the fourth respondent contested the election for President of Ulipuram Village Panchayat, a post reserved for

Scheduled Caste (SC) candidates. However, it is alleged that she does not belong to the SC category, but rather to the Kuravar community, which is not classified as SC. Despite this, she contested the election and was declared as successful candidate. The villagers of Ulipuram Village subsequently made a representation to the second respondent on 03.01.2020 seeking to cancel the election and conduct a fresh one, citing the fourth respondent's alleged ineligibility due to her community not being part of the SC category. Hence, the present Writ Petition.

3. Heard the learned counsel for the petitioner.

4. The learned Additional Government Pleader appearing for the second and third respondents would submit that the term of election in which the fourth respondent was elected got over on 05.01.2025 and thereafter, vide G.O.Ms.No.01, Rural Development and Panchayat Raj (PR-1) Department, dated 06.01.2025, Special Officers were appointed, thereby, nothing survives for further adjudication in this Writ Petition.

5. Considering the submissions made by both sides, this Writ Petition is disposed. No costs.

22-07-2025 Jai / AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

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

2.The District Election Officer, Salem District.

3.The Returning Officer, For the election to the post of President, Ulipuram Village Panchayat, 4.Mrs. Kasthuri, Candidate, for the election to the post of President, Ulipuram Village Panchayat,

N.MALA, J.

Jai/AP 22-07-2025