K.Natarajan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 110 of 2011 and M.P. No. 2 of 2011 K. Natarajan .. Petitioner Vs.
1 THE STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.
2 TAMIL NADU STATE ELECTION COMMISSION REP BY SECRETARY 208/2 JAWAHARLAL NEHRU SALAI ARUMBAKKAM CHENNAI- 106.
3 THE STATE ELECTION OFFICER / DIRECTOR OF RURAL DEVELOPMENT & PANCHAYAT RAJ SAIDAPET, CHENNAI-15.
4 THE DISTRICT COLLECTOR / DISTRICT ELECTION OFFICER COTTON MARKET COMPLEX PALLADAM ROAD TIRUPPUR-641604.
TIRUPPUR DISTRICT 5 THE BLOCK DEVELOPMENT OFFICER / RETURNING OFFICER AVINASI PANCHAYAT UNION AVINASI TIRUPPUR-641654.
6 THE PRESIDENT (IN-CHARGE) / VICE-PRESIDENT CHINNERIPALAYAM VILLAGE PANCHAYAT CHINNERIPALAYAM KARUKKAMPALAYAM POST TIRUPPUR-641654.
.. Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for all the Records pertaining to the Statutory Order No. S.O.No. 97/2010/TNSEC/PE-1 dt.16.12.2010 of the 2nd Respondent and quash the same in so far as it concerns election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat scheduled for 10-01-2011 and for a Direction to the Respondents 1 to 5 to duly prepare and publish the Electoral Roll of all eligible electors of the 3 Wards in Chinneripalayam Village Panchayat and thereafter duly publish the Statutory Notification and thereafter to hold the election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat afresh by strictly following all the statutory provisions contained in the Tamil Nadu Panchayats Act, 1994 and the Tamilnadu Panchayats (Elections) Rules 1995 and pass further orders.
For Petitioner : No Appearance For Respondent : Mr. S. Navaneethan, AGP for Respondents 1, 3, 4 & 6 Mr. S.T.S Murthy, AAG for R5 No Appearance for R2
O R D E R
This Writ Petition has been filed to quash the proceedings pertaining to the Statutory Order No. S.O.No. 97/2010/TNSEC/PE-1 dt.16.12.2010 of the 2nd Respondent, in so far as it concerns election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat scheduled for 10-01-2011 and for a Direction to the Respondents 1 to 5 to duly prepare and publish the Electoral Roll of all eligible electors of the 3 Wards in Chinneripalayam Village Panchayat and thereafter duly publish the Statutory Notification and thereafter to hold the election to the casual vacancy in the post of the President of the Chinneripalayam Village Panchayat afresh by strictly following all the statutory provisions contained in the Tamil Nadu Panchayats Act, 1994 and the Tamilnadu Panchayats (Elections) Rules 1995.
2. There is no representation for the petitioner and the 2nd respondent. Heard Mr. S.T.S. Murthy, learned Additional Advocate General representing for the 5th respondent and Mr. S. Navaneethan, learned Additional Government Pleader for the other respondents.
3. It is stated in the affidavit filed in support of the writ petition, that the respondents have violated the statutory provisions contained in the Act and the procedure prescribed in the Rules, in holding the election. Further, there is no Electoral Roll prepared and published by the 5th respondent and thereby have violated Article 14(5) (a), 19(1) and 19(2) of the Tamilnadu Panchayats (Elections) Rules 1995.
4. Learned Additional Advocate General submitted that the term of office is only for five years and now the term had expired. Subsequently, the Government have issued fresh notification on 26.09.2016 for conduct of the election in Corporations, Municipalities, Third Grade Municipalities and Town Panchayats for Ward Members/ Councillors in the Tamil Nadu Government Gazette No.229, in exercise of the powers conferred under sub Section (1) of Section 43-B of the Tamil Nadu District Municipalities Act, 1920. A copy of the same has also been produced before this Court. Hence, he pleaded that nothing survives in the writ petition and the same is liable to be dismissed.
5. As pointed out by the learned counsel for the respondents, no interim orders has been granted by this Court, at the time of admission. In the light of the above submissions made by the learned Additional Advocate General and the notification, nothing survives in the present writ petition and the prayer sought for, cannot be considered, at this stage.
6. Therefore, this writ petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
sd/ Assistant Registrar(CS II) /true copy/ Sub Assistant Registrar avr To 1 THE PRINCIPAL SECRETARY STATE OF TAMIL NADU RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.
2 THE SECRETARY TAMIL NADU STATE ELECTION COMMISSION 208/2 JAWAHARLAL NEHRU SALAI ARUMBAKKAM CHENNAI- 106.
3 THE STATE ELECTION OFFICER / DIRECTOR OF RURAL DEVELOPMENT & PANCHAYAT RAJ SAIDAPET, CHENNAI-15.
4 THE DISTRICT COLLECTOR / DISTRICT ELECTION OFFICER COTTON MARKET COMPLEX PALLADAM ROAD TIRUPPUR-641604.
TIRUPPUR DISTRICT 5 THE BLOCK DEVELOPMENT OFFICER / RETURNING OFFICER AVINASI PANCHAYAT UNION AVINASI TIRUPPUR-641654.
6 THE PRESIDENT (IN-CHARGE) / VICE-PRESIDENT CHINNERIPALAYAM VILLAGE PANCHAYAT CHINNERIPALAYAM KARUKKAMPALAYAM POST TIRUPPUR-641654.
+1cc to Mr.Ashok Viswanath Advocate SR.No.7338 +1cc to Mr.S.T.S.Murthy Advocate SR.No.72928 +1cc to Governemt Pleader Sr.No.73291 W.P. No. 110 of 2011 and M.P. No. 2 of 2011 SK(CO) GN(09/02/2017)