Madras High CourtCRP(MD)/2113/2012dismissed

M.Abulhasan v. R.Venkatesan

2019-11-20Honourable Mr Justice N. Anand Venkatesh2 pages

CRP.(MD).No.2113 of 2012(PD) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRP.(MD).No.2113 of 2012(PD) and M.P.(MD).No.1 of 2012 M.Abulhasan

...Petitioner/4th Respondent

Vs.

1.R.Venkatesan ... Respondent/Petitioner 2.The District Election Officer / District Collector, Office of Collectorate, Thanjavur.

3.The Returning Offier, Sub Collector (Stamp Duty), Thanjavur.

4.The Block Development Officer, Madhukoor Panchayat Union, Thanjavur District.

5.S.Dharmaraj

...Respondents/Respondents/

1 to 3 and 5 PRAYER:

This Petition filed under Article 227 of the Constitution of India to strike off EL.O.P.No.151 of 2011, on the file of the Principal District Court, Thanjavur. For Petitioner : Mr.V.Ramamoorthy For R-1 : Mr.D.R.Murugesan For R-5 : Mr.S.Deenadhayalan For R-2 to R-4 : No Appearance

O R D E R

This petition has been filed to strike off the Election Original Petition that is pending before the Principal District Court, Thanjavur.

2. The first respondent herein as the petitioner had filed the Election Petition against the election of the petitioner herein as the President of the Panchayat.

3. The present Civil Revision Petition has been filed on the ground that already a Writ Petition was filed by the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP.(MD).No.2113 of 2012(PD) respondent and the same came to be dismissed by this Court. Therefore, the Election Original Petition will amount to relitigating the same issue.

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 5.

5. The grounds that have been been raised in the present Civil Revision Petiton is not enough to strike off a petition, challenging the election. The first respondent obstructing the petitioner from performing his function as the president cannot be a ground for striking off the Election Petition. This Court does not find any grounds to strike off the Election Petition. That apart, by passage of time and nothing may survive in the Election Petiton itself.

6. In the result, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Principal District Judge, Thanjavur.

2.The Record Keeper,VR Section, ( 2 copies) Madurai Bench of Madras High Court, Madurai.

CRP.(MD).No.2113 of 2012(PD) 20.11.2019 VB(11.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2