T.Sampath Kumar v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.2759 of 2022 T.Sampathkumar ... Petitioner Vs 1.State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration and Water Supply Dept., Fort St. George, Chennai - 600 009.

2.The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, CMBT, Arumbakkam, Chennai - 600 106.

3.The Principal Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the entire records connected with the impugned order of the third respondent in No.46 in Part VI - Section 2 of the Tamil Nadu Government Gazette, Extraordinary dated 17.01.2022 and quash the same in so far as the same de-reserved Ward No.57 of Chennai City Municipal Corporation from the list of Wards reserved for Scheduled Castes (General) and consequently direct the third respondent to reserve in Ward No.57 of Chennai City Municipal Corporation for the members of the Scheduled Castes till the completion of the second full term.

For the Petitioner : Mr.S.Sathiya Chandran For the Respondents : Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader for respondent No.1 : Mr.S.Siva Shanmugam Standing Counsel for respondent No.2 : Mr.R.Shunmugasundaram Advocate General assisted by Mrs.Karthikaa Ashok Standing Counsel for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) By this writ petition a challenge is made to the notification dated 17.01.2022 issued in the Tamil Nadu Government Gazette for reservation of Wards in Chennai City Municipal Corporation.

2.Election to the Chennai City Municipal Corporation was notified on January 28, 2022, followed by schedule of election. The last date for nomination is February 4, 2022. The process of election, after notification dated January 28, 2022, has already begun. Challenge to the reservation of Wards cannot be accepted once the election process has commenced and elections are scheduled to be held on February 19, 2022.

3. Accordingly, holding that the writ petition is not maintainable once the process of election has commenced, the

same is dismissed. However, if the petitioner has any grievance, it can only be remedied by filing election petition, if he so chooses. No costs. Consequently, W.M.P.Nos.2917 and 2918 of 2022 are closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR bbr To:

1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Dept., Fort St. George, Chennai - 600 009.

2.The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, CMBT, Arumbakkam, Chennai - 600 106.

3.The Principal Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

+1cc to the Government pleader Sr.9854 +1cc to M/s.S.Sathiachandran, Advocate Sr.9157 W.P.No.2759 of 2022 nk[co] srg 25/02/2022