M.Kannadasan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.5621 OF 2020 M.Kannadasan ... Petitioner vs.

1. The Government of Tamil Nadu, Rep. by the Chief Secretary, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Rural Development and Panchayat, Fort St. George, Chennai - 600 009.

3. The Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Street, Opp. To Koyambedu Bus Terimnus, Arumbakkam, Chennai - 600 106.

4. The District Collector, Thiruvallur District, Thiruvallur.

5. The Block Development Officer, Office of the Block Development Office, Thiruvallur, Thiruvallur District.

6. R.Palani ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus,directing the respondents 1 and 2 to take action on the representation submitted by the petitioner on 27.11.2019 and consequently restrain the 6th respondent from functioning as the Village President of the Thiruvur Village and Post, Thiruvallur Taluk and District.

For Petitioner : Mr.M.Gnanasekar For Respondents: Mr.V.Jayaprakash Narayanan State Government Pleader for R1 to R5

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to take action on the representation made by the petitioner on 27.11.2019 wherein the petitioner is questioning the election of the 6th respondent as President.

2.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 3.The election of the 6th respondent cannot be challenged by the petitioner by way of filing writ petition. If at all there is a grievance in the manner in which the election was conducted or in the manner in which the 6th respondent was posted as President, the same can only be agitated by way of an Election Petition as provided under the Rules and the writ petition is not the remedy for such a dispute.

4.This Court does not find any merits in this petition and accordingly the same is dismissed. No Costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To

1. The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Secretary to Government, Rural Development and Panchayat, Fort St. George, Chennai - 600 009.

3. The Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Street, Opp. To Koyambedu Bus Terimnus, Arumbakkam, Chennai - 600 106.

4. The District Collector, Thiruvallur District, Thiruvallur.

5. The Block Development Officer, Office of the Block Development Office, Thiruvallur, Thiruvallur District.

+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.19132 +1cc to Mr.M.Gnanasekar, Advocate, S.R.No.19699 +1cc to the Government Pleader, S.R.No.19777 W.P.No.5621 of 2020 PM(CO) CS/28/05/2020