Shalini v. The State Election Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN Writ Petition No. 14550 of 2025 and WMP Nos.16435 and 16437 of 2025 Shalini .. Petitioner Vs.
1. The State Election Commission, Rep. By its Commissioner, No.208/2, Jawaharlal Nehru Road, Opp.Koyambedu Bus Terminal, Arumbakkam, Chennai 600 106.
2. District Election Officer Kancheepuram District, O/o.District Collector, Kancheepuram District, District Collector Office Campus, Kanchipuram 631 501.
3. The Returning Officer, O/o. Municipal Corporation Commissioner Kancheepuram Corporation Kanchipuram- Chengalpattu Road, Nellukara Street, Kanchipuram, Tamil Nadu 631 501.
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... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorari to call for the records relating to Press Release No.2/2025 dated 25.03.2025 issued by the first respondent in connection with the conduct of casual/midterm elections for vacant posts in rural and urban local bodies, specifically pertaining to Ward No.27, Nathampettai, Kancheepuram Corporation, and to quash the same as illegal. For Petitioner : Mr.K.M.Mrithunjayan For Respondents : Mr.S.Sivashanmugam, for R1 ********
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the Election Notification issued by the State Election Commission.
2. Admittedly, the petitioner who had successfully contested in the elections held for the post of Panchayat Union Councillor in a Ward which was reserved for Schedule Castes was found to be not belonging to Schedule Caste. Therefore, this Court by its order dated 11.12.2024 made in 2/5
CRP No.4100 of 2024 declared her election is null and void, thus rendering the post vacant.
3. The petitioner would claim that she has challenged the order of the District Vigilance Committee declaring that she does not belong to Schedule Caste and the challenge is pending in the Writ Petition. This Writ Petition has been filed with a prayer that pending the other Writ Petition where the finding of the District Vigilance Committee is under challenge, Election should not be conducted. This cannot be subject matter of a fresh Writ Petition. If at all the petitioner wants to defer elections, it is open to the petitioner to seek an interim order in the other Writ Petition that is pending.
4. The Writ Petition is dismissed with the above observation. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
(R.SUBRAMANIAN, J.) (G. ARUL MURUGAN, J.) 25.04.2025 jv Index: No Speaking order 3/5
To
1. The Commissioner, State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.Koyambedu Bus Terminal, Arumbakkam, Chennai 600 106.
2. District Election Officer Kancheepuram District, O/o.District Collector, Kancheepuram District, District Collector Office Campus, Kanchipuram 631 501.
3. The Returning Officer, O/o. Municipal Corporation Commissioner Kancheepuram Corporation Kanchipuram- Chengalpattu Road, Nellukara Street, Kanchipuram, Tamil Nadu 631 501.
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R.SUBRAMANIAN, J.
and G. ARUL MURUGAN, J.
(jv) Writ Petition No. 14550 of 2025 25.04.2025 5/5