K.Sangeetha v. The Tn State Election Commission
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) Nos.1493 & 1495 of 2020 K.Sangeetha ... Petitioner -vs1.The Tamil Nadu State Election Commission Represented by the State Election Commissioner Chennai 2.The District Collector Ramanathapuram District 3.The Block Development Officer (Block Panchayat) cum Returning Officer Village Panchayat Elections Paramakudi Panchayat Union Ramanathapuram District 4.The Deputy Block Development Officer-cum- Assistant Returning Officer Madanthai Panchayat Paramakudi Taluk Ramanathapuram District 5.K.Jeyaraman The Deputy Block Development Officer-cum- Assistant Returning Officer Madanthai Panchayat Paramakudi Taluk Ramanathapuram District 6.N.Balasubramanian Son of Nallal President Madanthai Panchayat Paramakudi Panchayat Union 1/4
7.M.Sathishkumar Son of Muthuraman M.Nedunkulam Madanthai Panchayat Paramakudi Panchayat Union Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records pertaining to the impugned election notification dated 22.01.2020 issued by the third respondent proposing to conduct election for the post of Vice-President of Madanthai Village Panchayat on 30.01.2020 and quash the same.
For Petitioner :
Mr.J.Barathan For Respondents :
Mr.Raja Karthikeyan Standing Counsel for R1 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 certiorari calling for the records pertaining to the impugned election notification, dated 22.01.2020, issued by the third respondent proposing to conduct election for the post of VicePresident of Madanthai Village Panchayat, on 30.01.2020 and to quash the same.
2. In the Judgments in N.P.Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem District and 4 others, reported in AIR 1952 SC 64; Mohinder Singh Gill v. Chief Election Commissioner, reported in AIR 1978 SC 851; Boddula Krishnaiah v. State Election Commissioner, A.P., reported in AIR 1996 Supreme Court 1595; B.Pazhaniswamy v. The Tamil Nadu Chief Election Commissioner, reported in (1997) 1 MLJ 612; Avtar Singh Hit v. Delhi Sikh Gurdwara Management Committee and others, reported in (2006) 8 Supreme Court Cases 487 and in an unreported Judgment in the case of West Bengal State Election Commission and others v. Communist Party of India (Marxist) and others [Civil Appeal Nos.8515-8516 of 2018, decided on 24.08.2018], the Honourable Apex Court as well as the Division Bench of this Court, have held that once the election process had commenced by issuing a notification, the same cannot be interfered with by this Court. Following the said ratio laid down 2/4
by the Honourable Supreme Court as well as the Division Bench of this Court, we have dismissed the writ petitions in W.P.(MD) Nos.905 and 1652 of 2020, by order dated 28.01.2020. Following the same ratio, we are not inclined to entertain the present writ petition.
3. At this juncture, the learned counsel appearing for the petitioner relied upon a letter alleged to have been by the fifth respondent stating that the petitioner has secured four votes and the seventh respondent has secured three votes.
4. However, the learned Special Government Pleader appearing for the respondents 2 to 4, on instructions from the fifth respondent, who is also present in the Court, submitted that the said document annexed in the typed set of papers at Page No.3 is a fabricated document and to that effect, the fifth respondent has also filed an affidavit, dated 29.01.2020, before this Court and the same is also taken on record.
5. However, the genuineness of the document annexed at Page No.3 of the typed set of papers is a matter of evidence, which cannot be decided in the writ jurisdiction. However, it is open to the petitioner to raise this issue, after completion of the reelection scheduled to be held tomorrow (i.e.30.01.2020), by way of election petition.
6. It is open to the petitioner as well as the fifth respondent to initiate proceedings as against each of them in accordance with law.
7. With these observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The District Collector, 3/4
2.The Block Development Officer (Block Panchayat)-cum- Returning Officer, Village Panchayat Elections, Paramakudi Panchayat Union, 3.The Deputy Block Development Officer-cum- Assistant Returning Officer, Madanthai Panchayat, Paramakudi Taluk, +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-3981[F] dated 30/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-4007[F] dated 30/01/2020 ) and W.M.P.(MD) Nos.1493 & 1495 of 2020 29.01.2020 JMN(10.02.2020) 4P : 6C 4/4