M.Kanagarajan v. The Chief Election Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No. 3191 of 2020 M.Kanagarajan ... Petitioner Vs
1. The Chief Election Commissioner, Tamilnadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai - 600 106.
2. The District Collector/ District Delimitation Authority, Erode District, Erode.
3. The Municipality Commissioner/ Delimitation Authority, Punjai Puliampatti Municipality, Punjai Puliampatti - 638 459 Erode District.
... Respondents Prayer : Writ Petition filed under 226 of the Constitution of India to issue a writ of mandamus directing respondents 1 to 4 herein to consider the representation dated 23.12.2019 sent by the petitioner in accordance with law and within a stipulated period.
For Petitioner : Mr.K.Govi Ganesan For Respondents :
Mr.B.Nedunchezhiyan for R1 Mr.V.Jayaprakash Narayanan for R2 & R3
ORDER
(Order of the Court was made by M.M.SUNDRESH,J) The petitioner made a representation on 23.12.2019 to the first respondent to take appropriate action as there is non compliance of Section 7(1) of Tamil Nadu District Municipalities Act inasmuch as there are only 18 wards as against 20 wards.
2. The learned Government Pleader appearing for respondents 2 and 3 produced a copy of the District Municipalities (Amendment) Act, 2011, by which Section 7 of the District Municipalities Act has been amended, which is extracted hereunder:- "2.Amendment of Section 7 - In Section 7 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu 5 of 1920), in the First Proviso to sub-section (1), for the word "twenty", the word "fifteen" shall be substituted".
3. In view of the above, the grievance of the petitioner is unfounded and the writ petition stands dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm To
1. The Chief Election Commissioner, Tamilnadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai - 600 106.
2. The District Collector/ District Delimitation Authority, Erode District, Erode.
3. The Municipality Commissioner/ Delimitation Authority, Punjai Puliampatti Municipality, Punjai Puliampatti - 638 459 Erode District.
+1cc to Mr.K.Govi Ganesan, Advocate, Sr.No.21326 +1cc to Government Pleader, Sr.No.21214 W.P.No.3191 of 2020 PM(CO) GS(09/06/2020)