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Madras High CourtWP(MD)/9979/2022disposed of

Thiruvikka.S v. The Chief Election Commissioner

2022-05-19Honourable Mr Justice Abdul Quddhose,Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.[MD]No.7115 of 2022 S.Thiruvikka ... Petitioner Vs.

1.The Chief Election Commissioner, State Election Commission, No.208/2, Jawaharlal Nehru Road, CMBT, Arumbakkam, Chennai.

2.The District Election Officer/ The District Collector, Karur, Karur District.

3.The Returning Officer, District Panchayat Ward Member Election, Project Director, District Rural Development Agency, Karur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 13.05.2022 passed by the 3rd respondent and quash the same and further directing the 2nd respondent to conduct the meeting on any other date and to video graph the entire election process of Vice Chairman for Karur District Panchayat in the supervision of any of the Retired District Judge to be appointed by this Court so as to ensure free and fair election without any irregularities and pass such other or further orders as this Court.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.B.Saravanan for R1 Standing Counsel Mr.Veera Kathiravan for R2 and R3 Additional Advocate General assisted by Ms.D.Farjana Ghoushia Special Government Pleader 1/3

O R D E R

*********** [Order of the Court was made by ABDUL QUDDHOSE, J.] This writ petition has been filed challenging the impugned notice, dated 13.05.2022, issued under Rule 73 of the Panchayat Election Rules, fixing the date of meeting as 25.05.2022 for the purpose of electing Vice Chairman for the Karur District Panchayat. 2.The petitioner has sought for postponement of the scheduled meeting raising various grounds.

3.Today, Mr.B.Saravanan, learned Standing Counsel, appearing for the first respondent has placed before this Court a communication, dated 19.05.2022, received from the Tamil Nadu State Election Commission, under which, it has been decided that due to administrative reasons, the Commission has decided to fix another date for holding the District Panchayat Vice Chairman Election for Karur District by the District Collector.

4.Since the meeting as per the impugned notice has been postponed, the prayer sought for by the writ petitioner has been achieved.

5.After recording the communication dated 19.05.2022, sent by the Tamil Nadu State Election Commission to the learned Standing Counsel for the first respondent, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 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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To 1.The Chief Election Commissioner, State Election Commission, No.208/2, Jawaharlal Nehru Road, CMBT, Arumbakkam, Chennai.

2.The District Election Officer/ The District Collector, Karur, Karur District.

3.The Returning Officer, District Panchayat Ward Member Election, Project Director, District Rural Development Agency, Karur District.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-24009[F] dated 23/05/2022 ) +1 CC to M/s.SPL.GP ( SR-23921[F] dated 20/05/2022 ) ORDER MADE IN 19.05.2022 RS (27.05.2022) 3P-6C 3/3