P.Rangaswamy v. The Inspector Panchayat Cum Distict Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Rangaswamy ... Petitioner Vs.
1.The Inspector Panchayat cum District Collector, Collectorate Complex, Coimbatore District 2.The Assistant Director(Panchayats), Office of Assistant Director(Panchayats), Coimbatore 3.The Block Development Officer(Village Panchayat), Panchayat Union Office, Annur 4.The Tahsildar, Annur Taluk, Coimbatore 5.The President, Vadavalli Panchayat, Annur Panchayat Union, Coimbatore District 6.K.Selvi ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents Nos.1 to 4 to remove the 6th Respondent from the Post of President of Vadavalli Panchayat, 5th Respondent and also initiate appropriate 1/7
criminal action for fraudulent manipulation of community and contesting for the post of President of Vadavalli Panchayat which was reserved for Schedule Caste / Tribe (Women) based on the petitioner's representation dated 24.05.2022 and 13.03.2023 within the time stipulated by this Court.
For Petitioner : Mr.R.Murali For Respondents For R1 to 4 : Mr.V.Manoharan, Additional Government Pleader For R5 : Mr.G.Krishnaraja For R6 : No appearance
ORDER
This writ petition has been filed for direction to respondents 1 to 4 to remove the sixth respondent from the post of President of Vadavalli Panchayat.
2.
The petitioner belongs to Peiaputhur Village, Vadavalli Panchayat, Annur Panchayat Union, Coimbatore District. While being so, the sixth respondent contested in the panchayat election and she was selected as President of Vadavalli Panchayat in the year 2019. The 2/7
petitioner obtained information under Right to Information Act and found that the sixth respondent belongs to MBC community (Hindu Valayar), whereas the Vadavalli Panchayat is reserved panchayat and it is reserved for Schedule Caste / Tribe. Therefore, the sixth respondent had played fraud on the authorities and contested in the election as if she belongs to SC community.
3.
It is seen that the petitioner submitted representation after period of four years from the date of election. That apart, the sixth respondent produced community certificate as if she belongs to SC community. Further, the Tahsildar, Kovai North also certified that the sixth respondent belongs to SC community. On receipt of the instruction, the learned Additional Government Pleader appearing for the fourth respondent also submitted that on verification of school records and revenue records, revealed that the sixth respondent belongs to SC community. Therefore, the prayer sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed.
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4.
Accordingly, this writ petition is dismissed. There shall be no order as to costs.
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To 1.The Inspector Panchayat cum District Collector, Collectorate Complex, Coimbatore District 2.The Assistant Director(Panchayats), Office of Assistant Director(Panchayats), Coimbatore 3.The Block Development Officer(Village Panchayat), Panchayat Union Office, Annur 4.The Tahsildar, Annur Taluk, Coimbatore 5.The President, Vadavalli Panchayat, Annur Panchayat Union, Coimbatore District 5/7
G.K.ILANTHIRAIYAN, J.
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