Muthukumar v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.41124 & 41126 of 2024 Muthukumar

...Petitioner

Vs.

1.The Principal Secretary, Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.

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

3.The Secretary, Public Department (Elections-5) Secretariat, Chennai - 600 009.

4.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

5.The District Collector/ The Inspector of Panchayats, District Election Officer, District Collector Office, Krishnagiri - 635 115.

6.The Commissioner, Hosur Panchayat Union, Krishnagiri District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 5th respondent made in O.Mu.No.13084/2024/M1 dated 06.06.2024 and 6th respondent in Na.Ka.No.1919/2024/A5 dated 06.06.2024 and quash the same and consequentially direct the respondents to implement reservation for the SC (General) or SC (Women) category for the post of Panchayat President in Kelavarapalli Panchayat for the upcoming local body elections. For Petitioner : Mr.J.Pradeep For Respondents 1, 3 to 6 : Mr.P.Balathandayutham, Additional Government Pleader For 2nd Respondent : Mr.S.Sivashanmugam

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The prayer sought for in the Writ Petition is for reservation for the post of Panchayat President as SC (General) or SC (Women).

2. The decision on the question of reservation for the post of President for Scheduled Caste and Scheduled Tribes Communities is the policy decision of the Government and this Court sitting under Article 226 of the Constitution of India cannot dictate as to what has to be done.

3. Hence, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M., J.) (C.K., J.) 20.12.2024 dsa Index : No : No Speaking order

To 1.The Principal Secretary, Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Chennai - 600 009.

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

3.The Secretary, Public Department (Elections-5) Secretariat, Chennai - 600 009.

4.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015. 5.The District Collector/ The Inspector of Panchayats, District Election Officer, District Collector Office, Krishnagiri - 635 115.

6.The Commissioner, Hosur Panchayat Union, Krishnagiri District.

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 20.12.2024