C.Sreenivasan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.20781 of 2021 and WMP No.22048 of 2021 C.Sreenivasan .. Petitioner Vs.

1.State of Tamil Nadu By Secretary to Government Rural Development and Panchayat Raj Department Chennai 600 009.

2.The State Election Commission No.208/2, Jawaharlal Nehru Salai Arumbakkam, Chennai 600 106.

3.The Inspector of Panchayat and The District Collector Ranipet District.

4.The Block Development Officer Arakkonam Taluk, Ranipet District.

5.The Panchayat Secretary Eechiputhur Panchayat Arakonam Panchyat Union Ranipet District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second and third respondents to correct the irregularities in voters list and to prepare the fresh voters list until then to stall the elections for Ward No.8 of Eechiputhur Panchayat, Arakonam Panchayat Union, Arakonam Taluk, Ranipet District, within a fixed time frame.

For the Petitioner :

Mr.M.Arun For the Respondents :

Mr.P.Muthukumar 1, 3 and 5 State Govt. Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks a postponement of the local body election at Ward No.8 of Eechiputhur Panchayat, Arakkonam Panchayat Union of Arakkonam Taluk, Ranipet on the ground that the voters' list has not been updated or corrected.

2. The local body elections are to be held on October 16, 2021 and all preparatory steps have been completed. It is possible that there may be some omissions or mistaken inclusions in the voters' list, but that cannot be a ground to postpone the elections. While every effort ought to be made to ensure the purity of the voters' list, considering the number of eligible voters, it is understandable that there may be a mistake here and there. More often than not the voters do not indicate the appropriate particulars which result in more mistakes taking place than would have been the case if the appropriate particulars were furnished within reasonable time.

3. Every effort should be made to ensure that the voters' list is corrected. However, merely because of the possibility of some mistake in the voters' list, the election in the constituency scheduled on October 16, 2021 cannot be postponed. It will, however, be open to any authorised person to point out any mistake in the list at the time of voting so that instances of, for example, dead persons voting, do not take place.

4. No ground is made out for countermanding or postponing the upcoming election in respect of the relevant constituency. WP No.20781 of 2021 is disposed of without any order as to costs. Consequently, WMP No.22048 of 2021 is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra

To:

1.The Secretary to Government, State of Tamilnadu, Rural Development and Panchayat Raj Department, Chennai 600 009.

2.The State Election Commission, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 106.

3.The Inspector of Panchayat and The District Collector, Ranipet District.

4.The Block Development Officer, Arakkonam Taluk, Ranipet District.

5.The Panchayat Secretary, Eechiputhur Panchayat Arakonam Panchyat Union, Ranipet District.

+1cc to the Government Pleader Sr No.50825 +1cc to Mr.S.Siva Shanmugam, Advocate Sr No.50943 W.P.No.20781 of 2021 PM (CO) PR (06/10/2021)