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Madras High CourtCRP/1895/2010dismissed as infructuous

V. Tamizhselvi W/O. Velusamy v. The Electoral Officer

2019-04-29Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2019

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.1895 of 2010 & M.P.No.1 of 2010 V.Tamilselvi ... Petitioner v.

1. The Electoral Officer-Executive Officer Ayodhyapattinam Town Panchayat Salem

2. Vasantha

3. Vanaja

4. Pushpa Rajkumar

5. M.Mamtha

6. M.Lalitha ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, against the order passed by the I Additional District Court, Salem in E.O.P.N o.127 of 2006, dated 30.03.2010.

For Petitioner : Mr.S.Babu

for Mr.V.Anand For Respondents : Mr.P.Jagadeesan - for R2 No Appearance - for R1, R3 to R5 Not Ready-in-notice - for R6

ORDER

The petitioner has filed the above Civil Revision Petition challenging the order passed in E.O.P.No.127 of 2006 on the file of the I Additional District Court, Salem.

2. By order dated 30.03.2010, the I Additional District Court, Salem, allowed the E.O.P and directed the 1st respondent to re-count the votes polled on 13.10.2006 for Ward No.11, Ayodhyapattinam Town Panchayat, Salem District.

3. Admittedly, the election was conducted for the Town Panchayat for the period 2006 to 2011. The learned counsel appearing for the petitioner also admitted that the tenure of the Town Panchayat came to an and in the year 2011. Now, we are in the year 2019 i.e., 8 years after the completion of the tenure in the year 2011. In these circumstances, nothing survives for adjudication in the present Civil Revision Petition for

the reason that even if the Civil Revision Petition is allowed and if the petitioner succeed in the re-counting, she cannot hold the post now. In such view of the matter, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

29.04.2019 Index : Yes/No Speaking Order/Non-speaking Order Rj To

1. The Electoral Officer-Executive Officer Ayodhyapattinam Town Panchayat Salem

2. The I Additional District Court Salem M. DURAISWAMY,J., Rj

C.R.P.(NPD)No.1895 of 2010 & M.P.No.1 of 2010 29.04.2019