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Madras High CourtWMP/21220/2021ordered

Loganathan Krishnamoorthy v. The State Election Commissioner

2021-09-22Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Twenty Second day of September Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH WMP.Nos.21220 & 21221 of 2021 in WP.Nos.19963 of 2021 LOGANATHAN KRISHNAMOORTHY, [ PETITIONER IN BOTH THE PETITIONS ] Vs 1 THE STATE ELECTION COMMISSIONER,[ RESPONDENT IN BOTH THE PETITIONS ] TAMIL NADU STATE ELECTION COMMISSION, ARUMBAKKAM, CHENNAI - 600 106.

2 THE SECRETARY TO GOVERNMENT, PUBLIC (ELECTIONS) DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

3 THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

4 THE DISTRICT COLLECTOR, RANIPET DISTRICT, RANIPET - 632 401.

5 THE ELECTIONS SECTION SPECIAL TAHSILDAR (ELECTIONS), THE COLLECTORATE, RANIPET DISTRICT, RANIPET - 632 401.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Stay of all further proceedings of the impugned notification issued by the 3rd respondent in TamilNadu Government Gazette Extraordinary No.397 Vide G.O.Ms.No.109 Rural Development and Panchayat Raj (PR-1) dated 03.09.2021 in so far as Ranipet District Panchayat Wards Nos.2 and/or 3 are concerned (in WMP.No.21221 of 2021) pending disposal of the above WP.Nos.19963 of 2021.

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.R.SURESH, Advocate for the petitioner and of MR.SIVASHANMUGAM, STANDING COUNSEL for 1st Respondent and of MR.A.SELVENDRAN, GOVERNMENT ADVOCATE on behalf of the 2 to 5 Respondents the court made the following order:- The contentions that have been raised in the present petition requires filing of counter affidavit by the respondents. This Court is not inclined to grant any interim order, since it will virtually amount to staying the elections, which is barred under Article 243-O of the Constitution of India. Hence, these Writ Miscellaneous petitions are closed.

-sd/- 22/09/2021 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE STATE ELECTION COMMISSIONER, TAMIL NADU STATE ELECTION COMMISSION, ARUMBAKKAM, CHENNAI - 600 106.

2 THE SECRETARY TO GOVERNMENT, PUBLIC (ELECTIONS) DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

3 THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

4 THE DISTRICT COLLECTOR, RANIPET DISTRICT, RANIPET - 632 401.

5 THE ELECTIONS SECTION SPECIAL TAHSILDAR (ELECTIONS), THE COLLECTORATE, RANIPET DISTRICT, RANIPET - 632 401.

Order in WMP.Nos.21220 & 21221 of 2021 in WP.Nos.19963 of 2021 Date :22/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (28/09/2021)