Raja v. The Tamilnadu State Election Commission
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Raja ... Petitioner Vs.
1.The Tamil Nadu State Election Commission, Chennai - 106.
2.The District Election Officer, Theni District, Theni.
3.The Block Development Officer, Periyakulam, Theni District.
4.Priya ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the fourth respondent from the post of Panchayat Board Member at Vadapudhupatti Panchayat Union, Theni District on the basis of the petitioner's representation dated 09.03.2020.
For Petitioner : Mr.S.Muniyandi For R - 1 : Mr.Raja.Karthikeyan For R - 2 : Mr.K.Mu.Muthu Additional Government Pleader For R - 3 : Mr.N.Shanmuga Selvam Additional Government Pleader
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.S.Muniyandi, learned counsel appearing for the petitioner; Mr.Raja.Karthikeyan, learned counsel, who accepts notice on behalf of the first respondent; Mr.K.Mu.Muthu, learned Additional Government Pleader, who accepts notice on behalf of the second respondent and Mr.N.Shanmuga Selvam, learned Additional Government 1/3
Pleader, who accepts notice on behalf of the third respondent. 2.In the light of the orders we propose to pass in this Writ Petition, we dispense with the issuance of notice to the fourth respondent.
3.The petitioner seeks for a direction upon the respondents 1 to 3 to remove the fourth respondent from the post of Panchayat Board member at Vadapudhupatti Panchayat Union, Theni District, by considering his representation, dated 09.03.2020. 4.From the material papers placed in the typed-set, we find that already enquiry has been initiated and reports have been called for by the District Collector and certain reports have been forwarded to the Assistant Director of Panchayats and reports have been solicited.
5.The learned Additional Government Pleader appearing for the second respondent submitted that already enquiry has been conducted and report has been submitted by the second respondent to the District Collector on 11.12.2020.
6.In the light of the same, there is no necessity to issue any direction to the authorities. In any event, no direction can be issued to remove the fourth respondent from the membership of the Panchayat Board and it is for the authorities to take appropriate action in the matter.
7.With the above observation, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
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ps To 1.The Tamil Nadu State Election Commission, Chennai - 106.
2.The District Election Officer, Theni District, Theni.
3.The Block Development Officer, Periyakulam, Theni District.
+1 CC to M/s.SPL GP ( SR-15641[F] dated 09/04/2021 ) ORDER MADE IN 08.04.2021 GS (28.04.2021) 3P 5C 3/3