S.M.K.Balakrishnan v. The District Collector Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN S.M.K.Balakrishnan ... Petitioner Vs.

1.The District Collector cum The District Election Officer, Collectorate, Dindigul.

2.The Assistant Election Officer, Kavunji Post, Mannavanoor, 3.The Block Development Officer, 4.Menaka 5.Thillainayagam 6.Muthulakshmi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration to declare the election conducted on 30.12.2019 for Ward Members in Ward Numbers 7 to 9 in Kavunji Village, Mannavanoor Panchayat, Kodaikanal, Dindigul District, is not valid and direct the first respondent to restore the 9th Ward into Mannavanoor Panchayat from Poondi Panchayat and to conduct re-election for Ward Members. For Petitioner : Mr.N.Mohan For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.1 to R.3 1/3

ORDER

[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed this writ petition seeking to issue a Writ of Declaration to declare the election conducted on 30.12.2019 for Ward Members in Ward Numbers 7 to 9 in Kavunji Village, Mannavanoor Panchayat, Kodaikanal, Dindigul District, is not valid and direct the first respondent to restore the 9th Ward into Mannavanoor Panchayat from Poondi Panchayat and to conduct re-election for Ward Members.

2. It is a case of delimitation and this Court has already decided that so far as the issue of delimitation is concerned, the same cannot be adjudicated in a writ petition under Article 226 of the Constitution of India in view of Article 243(O) of the Constitution of India. That apart, the election to the Rural Local Bodies was already over and the results were also published and the successful candidates have taken oath on 06.01.2020.

3. In these circumstances, the relief sought for in this writ petition has become infructuous and accordingly, this writ petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rsb To 1.The District Collector cum The District Election Officer, Collectorate, Dindigul.

2.The Assistant Election Officer, Kavunji Post, Mannavanoor, 2/3

3.The Block Development Officer, +1 CC to SPL.GP ( SR-987[F] dated 09/01/2020 ) +1 CC to MR.RAJA.KARTHIKEYAN, Advocate ( SR-931[F] dated 08/01/2020 ) 07.01.2020 KM/(21.01.2020) 3P 6C 3/3