Ma.Ka.Stalin v. The State Election Commisisoner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.5433 of 2022 and Suo Motu Contempt Petition No.369 of 2022 W.P.No.5433 of 2022:
1.Ma.Ka.Stalin 2.Muthu Beevi 3.Kamala 4.Selvarani 5.Parameswari 6.Santhi 7.M.K.Balathandayutham 8.R.V.Kumar
...Petitioners
Vs 1.The State Election Commissioner, State Election Commission, 208/2, Jawaharlal Nehru Salai, Opp to: Koyambedu Bus Terminus, Arumbakkam, Chennai - 600 106.
2.The Election Conducting Officer/Executive Officer, Selection Grade Town Panchayat, Aduthurai - 612 101, Thanjavur District.
3.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.
...Respondents
Prayer in W.P.No.5433 of 2022: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st and 2nd respondents to conduct election for the post of Chairman and Vice Chairman for Aduthurai Selection Grade Town Panchayat in Thanjavur District forthwith without any
further delay and further directing to videograph of the entire election process and also directing the 3rd respondent to provide adequate police protection for conducting the election for the post of Chairman and Vice Chairman for Aduthurai Selection Grade Town Panchayat.
Contempt Petition No.369 of 2022:
P.Elavarasan Election Conducting Officer Executive Officer, Aduthurai Thanjavur District - 612 101.
..Contemnor PRAYER: Suo motu contempt proceedings initiated against the contemnor as per the order dated 10.3.2022 made in W.P.No.5433 of 2022.
For the Petitioners in the writ petition : Mr.S.Sathiaseelan For the Respondents : Mr.S.Sivashanmugam Standing Counsel for 1st respondent in the writ petition and the contemnor : Mr.P.Muthukumar State Government Pleader for 2nd respondent in the writ petition : Mr.R.Shunmugasundaram Advocate-General assisted by Mr.A.Gopinath Govt. Advocate (Crl. Side) for 3rd respondent in the writ petition
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the parties submit that during the pendency of the writ petition, the prayer made has become infructuous in view of the holding of election peacefully on
23.3.2022, where the petitioner was elected as the Chairman, while the sixth petitioner was elected as Vice-Chairman.
2. In view of the above, we close the writ petition as infructuous. No costs. Consequently, W.M.P.No.5525 of 2022 is closed.
3. In view of the disposal of the writ petition, rendering it to be infructuous, the contempt notice is discharged and the contempt proceedings initiated by this court suo motu are ordered to be closed. The Registry is directed to return the CCTV footage in a sealed cover to learned counsel for the State Election Commission.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar sasi To 1.The State Election Commissioner, State Election Commission, 208/2, Jawaharlal Nehru Salai, Opp to: Koyambedu Bus Terminus, Arumbakkam, Chennai - 600 106.
2.The Election Conducting Officer/Executive Officer, Selection Grade Town Panchayat, Aduthurai - 612 101, Thanjavur District.
3.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District Copy to The Section Officer Writ Section High Court, Madras 104.
+1 CC to Mr.S.Sathiaseelan, Advocate sr 20235. +1 CC to The Government Pleader sr 20434.
W.P.No.5433 of 2022 and Suo Motu Contempt Petition No.369 of 2022 SPD(CO) SP(05/04/2022)