Madras High CourtWP/34421/2023disposed of

S.Ezhilarasan v. The Tamil Nadu State Election

2024-02-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.959 of 2024 S.Ezhilarasan .. Petitioner -vs1. The Tamilnadu State Election Commissioner, The Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Jai Nagar, Arumbakkam, Chennai 600 106.

2. The Principal Election Officer (Panchayats), The Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Jai Nagar, Arumbakkam, Chennai 600 106.

3. The Director of Rural Development, (State Election Officer), Kanchipuram Collectorate, First Floor, Tiruvannamalai- Kanchipuram Road, Thaiyar Kullam, Kancheepuram-631 501.

4. The District Collector, (District Election Officer), Kanchipuram Collectorate, First Floor, Tiruvannamalai- Kanchipuram Road, Thaiyar Kullam, Kancheepuram-631 501.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to conduct by-elections for the post of President of Thirumangalam Panchayat, Sriperumbudur Taluk, Kanchipuram District, on the basis of the petitioner's representation dated 26.09.2023 within a specified time frame fixed by this Court.

For the Petitioner :

Mr.Sharukumar.S.I.

For the Respondents :

Mr.S.Sivashanmugam Stdg. Counsel for RR 1 and 2 :

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan, Govt. Advocate for RR 3 and 4 :

Mr.Niranjan Rajagopalan for proposed Respondent No.5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Sharukumar.S.I., learned counsel for the petitioner, Mr.S.Sivashanmugam, learned standing counsel for respondent Nos.1 and 2, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.3 and 4.

2. The writ petition is filed seeking directions to conduct the byelection for the post of President of Thirumangalam Panchayat. It is submitted that the tenure of 2 1⁄2 years still remains of the said panchayat.

3. The learned counsel for the State Election Commission submits that the Lok Sabha elections are scheduled and probably they may take place in April-May. After the Lok Sabha elections conclude, the by-election for the post of President of Thirumangalam Panchayat would be held. The said statement is recorded. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 14.02.2024 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The Tamilnadu State Election Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Jai Nagar, Arumbakkam, Chennai 600 106.

2. The Principal Election Officer (Panchayats), The Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Jai Nagar, Arumbakkam, Chennai 600 106.

3. The Director of Rural Development, (State Election Officer), Kanchipuram Collectorate, First Floor, Tiruvannamalai- Kanchipuram Road, Thaiyar Kullam, Kancheepuram-631 501.

4. The District Collector, (District Election Officer), Kanchipuram Collectorate, First Floor, Tiruvannamalai-Kanchipuram Road, Thaiyar Kullam, Kancheepuram-631 501.

14.02.2024