Prabhu Raja.G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).Nos.5989 and 5990 of 2022 G.Prabhu Raja .. Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer / Election Officer, O/o.The Revenue Divisional Officer, Ilayankudi Taluk, Sivagangai District.
3.The District Sub-Divisional Officer / Election Officer, O/o.The District Sub-Divisional Officer, Water and Resource, Ilayankudi Taluk, Sivagangai District.
4.Anand, The Tahsildar, O/o.The Tahsildar Office, Ilayankudi Taluk, Sivagangai District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records relating to the
impugned order passed by the 4th respondent vide his proceedings Nil dated Nil and quash the same as illegal insofar as non inclusion of petitioner name in the final list of contesting candidates is concerned and consequently to direct the respondents to conduct the election in a fair and transparent manner including the name of the petitioner as a contesting candidate for the post of President of the Andakudi Water Users Association within the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For R-1 to R-3 : Mr.A.Kannan Additional Government Pleader
ORDER
The petitioner seeks for quashing of the proceedings of the fourth respondent in excluding the name of the petitioner from the final list of contesting candidates with respect to Andakudi Water Users Association.
2. The petitioner states that he stood for elections to Andakudi Water Users Association. The election was called for by the District Collector, Sivagangai District on 08.04.2022. The fourth respondent had been nominated as the Returning Officer. The petitioner submitted his nomination along with details of proposal and requisite fees on 13.04.2022. He was awaiting the
publication of the final list of contestants. He was taken aback when his name was not included in the same. Hence, this Writ Petition.
3. This Court ordered notice in the Writ Petition. Mr.A.Kannan, learned Additional Government Pleader has entered appearance for the respondents 1 to
3. I requested Mr.A.Kannan to produce the original records relating to the election. He has produced the records.
4. The reason for rejection of the petitioner's nomination by the Returning Officer was that the name of the petitioner does not tally with the name in the electoral list.
5. In order to convince myself, I went through the records. The petitioner's nomination shows his name as Sathaiya @ Prabhuraja. However, the records produced show that the revenue records stood in the name of one Ko.Sathaiya. There is also a mismatch in the Aadhaar Card, which reads as 'G.Prabhu Raja' and not as 'Prabhu Raja @ Sathaiya' or as 'Sathaiya' itself. The Returning Officer had gone as per the revenue records, which shows the name of the petitioner as Sathaiya.
6. When there is a mismatch of name in the revenue records as well as the records submitted by the petitioner, I do not find any error in the Presiding Officer invoking Rule 16(2) of the Tamil Nadu Farmers' Management of Irrigation Systems Election Rules, 2003. Hence, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
07.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer / Election Officer, O/o.The Revenue Divisional Officer, Ilayankudi Taluk, Sivagangai District.
3.The District Sub-Divisional Officer / Election Officer, O/o.The District Sub-Divisional Officer, Water and Resource, Ilayankudi Taluk, Sivagangai District.
V.LAKSHMINARAYANAN,J.
Lm 07.02.2025