Madras High CourtWP(MD)/886/2020disposed of

S.Chitra v. The State Election Commissioner

2020-01-22Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.668 of 2020 S.Chitra ... Petitioner -vs1.The State Election Commissioner 208/2, Jawaharlal Nehru Salai Arumbakkam, Chennai-106 2.The District Collector and The District Electoral Officer Theni District, Theni 3.The Superintendent of Police Theni District, Theni 4.The Returning Officer, Elections to Panchayat Union Ward Members, Mayiladumparai Union, Mayiladumparai, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to notify the election to the post of Chairman and Vice Chairman of the Mayiladumparai Panchayat Union forthwith and also to conduct the election with adequate police protection and to declare results.

For Petitioner : Mr.Veera Kathiravan, Senior Counsel for M/s.Veera Associates For Respondents: Mr.AR.L.Sundaresan assisted by Mr.Raja Karthikeyan Standing Counsel for R1 1/3

Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 to R4

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the first respondent to notify the election to the posts of Chairman and Vice-Chairman of Mayiladumparai Panchayat Union forthwith and also to conduct the election with adequate police protection and to declare results.

2. When the writ petition was taken up for hearing, Mr.AR.L.Sundaresan, learned Senior Counsel, assisted by Mr.Raja Karthikeyan, learned Standing Counsel, who takes notice for the first respondent and Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents 2 to 4, submitted that the State Election Commission has already issued a notification, dated 21.01.2020, to conduct elections, on 30.01.2020, for the posts of Chairman and Vice-Chairman of the Village Panchayat Unions, for which the elections were postponed earlier, and also produced a copy of the same.

3. In view of the issuance of notification, dated 21.01.2020, by the first respondent to conduct elections on 30.01.2020, for the posts of Chairman and Vice-Chairman of the Village Panchayat Unions, for which the elections were postponed earlier, we do not find any reason to issue directions to the Authorities concerned to conduct elections. It is needless to state that the respondents should ensure a fair election on 30.01.2020.

4. With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk 2/3

To:

1.The District Collector and The District Electoral Officer, Theni District, Theni.

2.The Superintendent of Police, Theni District, Theni.

3.The Returning Officer / Elections to Panchayat Union Ward Members, Mayiladumparai Union, Mayiladumparai, Theni District.

+1 CC to M/s.SPL.GP ( SR-2585[F] dated 23/01/2020 ) +1 CC to M/s.D.SHANMUGARAJASETHUPATHI, Advocate ( SR-2649[F] dated 23/01/2020 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-2637[F] dated 23/01/2020 ) and W.M.P.(MD) No.668 of 2020 22.01.2020 vr(CO) TR(06.02.2020)3P 7C 3/3