Ahamed Anvar v. Election Commisison Of India, Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P(MD)Nos.2338 and 2341 of 2022 Ahamed Anvar .. Petitioner Vs.
1.Election Commission of India rep. by The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
2.The Tamil Nadu State Election Commission rep. by its Commissioner, Jawaharlal Nehru Road, Kyambedu, Chennai - 600 106.
3.The District Election Officer, Office of the District Election Officer, Collectorate, Thanjavur.
4.The Additional Chief Secretary to Government, St. George Fort, Chennai.
5.The District Collector, Thanjavur District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records connected with the impugned Government Order dated 17.01.2022 under G.O.M.S.No.11 Municipal Administration and Water Supply (Election) issued by the 4th respondent and followed by notification in No.11(2)/MAWS/49(e)/2022 issued by 4th respondent published in the Tamil Nadu Government Gazettee Extraordinary at Chennai, and quash the serial no.3 in the 4th schedule reserved relating to office of Chairman and Adirampattinam Municipality as converting general category as illegal, consequently direct the 4th and 5th respondent to reconvert the office of Chairman of Adirampattinam Municipality as general category in accordance with law within a time stipulated by this Court.
1/3
For Petitioner : Mr.S.Ramesh For Respondents 4 and 5 : Mr.P.Thilakkumar, Government Pleader.
ORDER
[Made by PARESH UPADHYAY, J.] This petition is styled as Public Interest Litigation.
2. Challenge in this petition is made to G.O.Ms. No.11 dated 17.01.2022. The said G.O. is regarding reservation for Offices of Chairman for Scheduled Castes, Scheduled Tribes (including scheduled castes and scheduled tribes women) and Women (General) in Municipalities Elections 2022. The challenge is to Serial No.3 of Schedule 4 of the said G.O. It pertains to Adirampattinam Municipality of Thanjavur District.
3. We do not intend to interfere with the impugned Government Order, firstly on the ground that the election for local bodies are already underway. Additionally, the challenge is to reservation for woman [general]. Let that section of our society get its due.
4. This petition is dismissed.
Consequently, connected Miscellaneous Petitions are dismissed. No costs. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.Election Commission of India rep. by The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
2.The Tamil Nadu State Election Commission rep. by its Commissioner, Jawaharlal Nehru Road, Kyambedu, Chennai - 600 106.
2/3
3.The District Election Officer, Office of the District Election Officer, Collectorate, Thanjavur.
4.The Additional Chief Secretary to Government, St. George Fort, Chennai.
5.The District Collector, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-5368[F] dated 10/02/2022 ) +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-5440[F] dated 10/02/2022 ) 09.02.2022 SS/24.02.2022 : 3P/8C 3/3