Sandanam v. The State Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2022
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MRS. JUSTICE S. ANANTHI Writ Petition No.11985 of 2022 Sandanam, W/o. Sakthivel .. Petitioner
Versus
1.The State Election Commissioner Office of the State Election Commission Jawaharlal Nehru Road Jai Nagar, Koyambedu Chennai-600 106.
2.The District Collector, Collectorate Office, Kallakurichi Dt.
3.The Returning Officer/Block Development Officer, Thirunavalur Panchayat Union, Ulundurpet Taluk, Kallakurichi Dt.
4.The Superintendent of Police, Kallakurichi, Kallakurichi Dt.
5. The State rep. by the Inspector of Police, Ulundurpet Police Station, Kallakurichi Dt.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to conduct the Vice-President election to Nachiyarpettai Village Pancayat, Thirunavalur Panchayat Union, Kallakurichi District within a stipulated time and consequently videograph the election to be held at Nachiyarpettai Panchayat Union by providing adequate police protection.
For Petitioner : Mr. S. Sathyaseelan For Respondents : Mr. Siva Shanmugam for R1 Mr. A.M. Ayyadurai Government Advocate for R2 & R3
O R D E R
(Order of the Court was made by R.MAHADEVAN, J) The petitioner has come up with this writ petition seeking to issue a Writ of Mandamus directing the respondents to conduct the election for the post of Vice-President for Nachiyarpettai Village Pancayat, Thirunavalur Panchayat Union, Kallakurichi District within a time that may be stipulated by this Court and for a further direction to videograph the election to be held at Nachiyarpettai Panchayat Union by providing adequate police protection.
2.
The petitioner is the elected president of Nachiyarpettai Village Panchayat, Thirunavalur Panchayat Union, Kallakurichi District. The grievance of petitioner is that the election for the post of Vice President of the Panchayat was postponed indefinitely without any reason, as a result of which, the administration and functioning of the Village Panchayat are standstill. Further, to prevent the petitioner from discharging her duty, the rival party members are hand in glove with the officials and started giving unnecessary trouble to her. It is also stated that the Government has not allotted sufficient funds to meet out basic amenities for the panchayat. Therefore, she has made a representation dated 02.03.2022 to the respondents to conduct of election to the post of VicePresident, but so far, no action was taken by the respondents, hence, the present Writ Petition is filed by the petitioner. 3.
Mr. Siva Shanmugam, learned counsel takes notice for the 1st respondent. He fairly submitted that the representation submitted by the petitioner is pending consideration and the same would be considered on merits and in accordance with law, within a time that may be stipulated by this Court.
4. Considering the facts and circumstances of the case and the submission of counsel for both sides, without going into the merits of the matter, the second respondent is directed to consider the representation dated 02.03.2022 submitted by the petitioner, and pass orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a
period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KST/rsh To 1.The State Election Commissioner, Office of the State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai-600 106.
2.The District Collector, Collectorate Office, Kallakurichi Dt.
3.The Returning Officer/Block Development Officer, Thirunavalur Panchayat Union, Ulundurpet Taluk, Kallakurichi Dt.
4.The Superintendent of Police, Kallakurichi, Kallakurichi Dt.
5. The Inspector of Police, Ulundurpet Police Station, Kallakurichi Dt.
+1cc to Government Pleader SR.No.31307 WP No. 11985 of 2022 KJ(CO) GMY(25/05/2022)