Madras High CourtWP(MD)/1315/2022disposed of

Sundaram v. The Tamil Nadu State Election Commissioner

2022-01-27Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Srimathy2 pages

W.P(MD)NO.1315 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2022

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)NO.1315 OF 2022 and W.M.P(MD)No.1161 of 2022 Sundaram :Petitioner/Petitioner .vs.

1.The Tamil Nadu State Election Commissioner, Election Commissioner's Office, Chennai.

2.The Election Officer, Tenkasi Municipality, Municipal Office, Tenkasi - 627 811, Tenkasi District.

: Respondents/Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to reorganize the Ward No.31 to Ward No.30 in Tenkasi Municipality voters in respect of Muduku Vinayagar Temple Street, Mela Avani Moola Veedi voters in Ward No.31 which was bifurcated in 2019 and permit the voters to cast their vote in Seventh Day Higher Secondary School, Perumal Kovil Street, Tenkasi on the basis of representation, dated 6.8.2021 sent by the Petitioner. For Petitioner :Mr.V.M.Balamohan Thampi For Respondent-1 :Mr.B.Saravanan Standing Counsel For Respondent-2 :Mr.P.Athimoola Pandian

O R D E R

********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents to reorganize the Ward No.31 to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)NO.1315 OF 2022 Ward No.30 in Tenkasi Municipality.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the first respondent/Election Commission would state that Election Notification was issued on 26.01.2022 fixing the date of election for the local bodies on 19.02.2022 and the results would be published on 22.02.2022.

4.Therefore, the re-organization of Ward in Tenkasi Municipality, as has been requested by the Petitioner, cannot be considered in this election and his request may be considered before the next election.

5.Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Tamil Nadu State Election Commissioner, Election Commissioner's Office, Chennai.

2.The Election Officer, Tenkasi Municipality, Municipal Office, Tenkasi - 627 811, Tenkasi District. +1 CC to M/s.V.M.BALAMOHAN THAMPI, Advocate ( SR-2751[F] dated 28/01/2022 ) +1 CC to M/s.B.SARAVANAN, Advocate ( SR-2948[F] dated 28/01/2022 ) W.P(MD)NO.1315 OF 2022 and W.M.P(MD)No.1161 of 2022 27.01.2022 RD(08.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2