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Madras High CourtWP/3311/2020dismissed as infructuous

D.Raja v. The Tamilnadu State Election Commission,

2025-04-02Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.3311 of 2020 and W.M.P.No.3842 of 2020 D.Raja ... Petitioner Vs.

1.The Tamil Nadu State Election Commission, Rep. by its Secretary, 208/2, J.N.Road, Opp. To CMBT, Arumbakkam, Chennai - 600 101.

2.The District Election Officer/District Collector, Dharmapuri District, Dharmapuri.

3.The Returning Officer/Block Development Officer (Village Panchayats), Pennagaram Block, Pennagaram - 636 810.

4.The Revenue Divisional Officer, Dharmapuri Division, Dharmapuri.

5.R.Ramachandran ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarifed Mandamus calling for the records of the 1st respondent relating to the order in Na.Ka.No.6906/2019/Voo.The.1 dated Page No.1 of 5

09.01.2020, quash the same and consequently direct the respondents 1 to 3 herein to declare the result of the counting of votes for the post of Member of Ward No.10, Perumbalai Village Panchayat, Eriyur Panchayat Union, Pennagaram Taluk, Dharmapuri District held on 09.01.2020 pursuant to the election held on 30.12.2019, declare the petitioner as elected and issue certificate of return in Form No.25 to the petitioner forthwith. For Petitioner : Mr.R.Thamaraiselvan For Respondent 1 : Mr.C.Sivashanmugam For Respondent 2 & 4 :

Mr.M.Rajendiran, Additional Government Pleader For Respondent 3 : M/s.V.Yamuna Devi, Special Government Pleader For Respondent 5 : Mr.C.Prabakaran

O R D E R

The relief sought by the petitioner in this writ petition is to call for the records of the 1st respondent relating to the order in Na.Ka.No.6906/2019/Voo.The.1 dated 09.01.2020, quash the same and consequently direct the respondents 1 to 3 herein to declare the result of the counting of votes for the post of Member of Ward No.10, Perumbalai Village Panchayat, Eriyur Panchayat Union, Pennagaram Taluk, Dharmapuri District Page No.2 of 5

held on 09.01.2020 pursuant to the election held on 30.12.2019, declare the petitioner as elected and issue certificate of return in Form No.25 to the petitioner forthwith.

2. When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 2 & 4 submitted that the tenure of the panchayat got over on 05.01.2025 and G.O.Ms.No.1 of 2025, Rural Development and Panchayat Raj Department, dated 06.01.2025 was issued by appointing a special officers. Hence, the matter become infructuous and nothing survives for further adjudication.

3. In view of the submission made by the learned Additional Government Pleader appearing for the respondents 3 & 4, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also closed.

02.04.2025 vm Index :

Yes/No Speaking Order :

Yes/No Page No.3 of 5

:

Yes/No J.SATHYA NARAYANA PRASAD,J.

vm To:

1.The Secretary, Tamil Nadu State Election Commission, 208/2, J.N.Road, Opp. To CMBT, Arumbakkam, Chennai - 600 101.

2.The District Election Officer/District Collector, Dharmapuri District, Dharmapuri.

3.The Returning Officer/Block Development Officer (Village Panchayats), Pennagaram Block, Pennagaram - 636 810.

4.The Revenue Divisional Officer, Dharmapuri Division, Dharmapuri.

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