Mrs.Mariyal Natarajan v. The State Election Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Mariyal Natarajan ... Petitioner vs 1.The State Election Commission Rep by its Secretary No.208/2, Jawaharlal Nehru Salai Opp to Koyambedu Bus Terminus Arumbakkam Chennai - 600 106.
2.The District Election Officer/District Collector Chengalpattu District Chengalpattu - 603 001.
3.The Returning Officer/Block Development Officer St. Thomas Mount No.1, Chitlapakkam 1st Main Road, Chitalapakkam, Chennai - 600064.
4.R.Divya 5.G.Iyappan 1/6
6.V.Shankar 7.S.Ravi 8.J.Ezhil Pandian ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Principal District and Sessions Court at Chengalpattu to dispose of the Election Petition No.256 of 2021 on the file of the learned Principal District and Sessions Court at Chengalpattu within the time stipulated by this Court.
For Petitioner : Mr.J.Deliban For R1 : Mr.S.Sivashanmugam (TNSEC) For R2 and R3 : Ms.Dr.S.Suriya Additional Government Pleader
ORDER
The Civil Revision Petition is filed seeking a direction to the Principal District and Sessions Court, Chengalpattu to dispose of the Election Petition No.256 of 2021 within a time stipulated by this Court.
2. Having regard to the limited prayer made in this revision, this Court is inclined to dispose the civil revision petition, even without notice to the respondents 4 to 8.
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3. The petitioner herein filed election petition challenging the election of the 7th respondent in local body election to the Chitalapakkam Village Panchayat.
4. The perusal of the e-court entry filed in the typed-set of papers would suggest that the respondents 1, 2, 3 and 7 entered appearance as early as 22.08.2022 and other respondents were set exparte on that day and thereafter, the matter has been adjourned from time to time for filing counter. Now, the election petition is posted for filing counter on 25.01.2023.
5. The learned counsel for the petitioner by drawing the attention of this Court to Section 258 (6) of the Tamil Nadu Village Panchayats Act, 1994 submitted that as per the statutory mandate, every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within a period of six months from the date on which the election petition has been presented before the District Court. 3/6
6. Having regard to the fact that the election petition was presented on 12.11.2021 itself and it has been pending for nearly 11 months and by taking into consideration the statutory mandate under Section 258 (6) of the Tamil Nadu Village Panchayats Act, 1994 this Court is inclined to issue a direction to the Principal District and Sessions Court, Chengalpattu to dispose of the Election Petition No.256 of 2021, within a period of six months from the date of receipt of copy of this order.
7. With the above direction, the Civil Revision Petition is disposed of. No costs.
29.11.2022 Index : Yes / No Speaking Order : Yes / No dm 4/6
To 1.The Principal District and Sessions Court, Chengalpattu.
2.The Secretary State Election Commission No.208/2, Jawaharlal Nehru Salai Opp to Koyambedu Bus Terminus Arumbakkam Chennai - 600 106.
2.The District Election Officer/District Collector Chengalpattu District Chengalpattu - 603 001.
3.The Returning Officer/Block Development Officer St. Thomas Mount No.1, Chitlapakkam 1st Main Road, Chitalapakkam, Chennai - 600064.
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S.SOUNTHAR, J.
dm 29.11.2022 6/6