Bharathiya Motor Morcha v. The State Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.34993 of 2019 Bharathiya Motor Morcha, Rep.by its Founder / President, S.Pandiyarajan Regavendra Store Complex Mettupalayam Road, Karamadai Coimbatore ... Petitioner Vs

1. The State Election Commissioner, Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The District Collector, Collectorate, Coimbatore.

3. The Commissioner, Karamadai Panchayat Union Cum Returning Officer, Maruthur Panchayat Office, Maruthur Village, Karamadai Taluk, Coimbatore.

4. D.Poornima ... Respondents Prayer : Writ Petition filed under 226 of the Constitution of India to issue a writ of mandamus directing the respondents more particularly the 3rd respondent / Returning Officer to take into account the documents submitted by the petitioner herein while scrutinizing the application of the 4th respondent who had submitted her nomination for the Election to the post of Village Panchayat President of the Maruthur Village Panchayat in the Karamadai Taluk, Coimbatore District.

For Petitioner : Mr.S.Senthilkumar Mr.B.Nedunchezhiyan, Standing Counsel for R1 Mr.V.Jayaprakash Narayanan Government Pleader for R2 & R3 R4- Not ready For Respondents :

ORDER

(Order of the Court was made by M.M.SUNDRESH,J) Learned Government Pleader appearing for the respondents 2 and 3 submitted that the election itself was already over. Therefore, the remedy open to the petitioner is only under Section 258 of the Tamil Nadu Panchayat Act, 1994.

2. In view of the said submissions, the Writ Petition is dismissed as infructuous. However, granting liberty to the petitioner to challenge the same in the manner known to law. No costs.

Sd/-- Asst.Registrar (CS-III-MDU) /true copy/ Sub Asst. Registrar ms To 1.The State Election Commissioner, Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2.The District Collector, Collectorate, Coimbatore.

3.The Commissioner, Karamadai Panchayat Union Cum Returning Officer, Maruthur Panchayat Office, Maruthur Village, Karamadai Taluk, Coimbatore.

+1 CC to the Government Pleader SR 22692 W.P.No.34993 of 2019 KK(CO) SP(16/07/2020)