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Madras High CourtWP(MD)/18634/2016dismissed

N.Rajendran v. The Commissioner

2016-09-28Honourable Mr Justice V. Bharathidasan2 pages

+BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.18634 of 2016 N.Rajendran ... Petitioner Vs.

1.The Commissioner, Tamil Nadu State Election Commission, Vadapalani, Chennai.

2.The District Collector, Sivagangai District, Sivagangai.

... 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 to accept the nomination papers proposed to be submitted to the post of President of Village Panchayat of Malavarayanenthal, Sivagangai District in the forthcoming Local Body Election proposed to be conducted by the 1st Respondent, on the petitioner's representation dated 06.06.2016 made to the respondents.

For Petitioner : Mr.K.Kannan For Respondents : Mr.R.Anandharaj Government Advocate

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents to accept the nomination papers proposed to be submitted to the post of President of Village Panchayat of Malavarayanenthal, Sivagangai District in the forthcoming Local Body Election proposed to be conducted by the 1st Respondent, on the petitioner's representation dated 06.06.2016, made to the respondents.

2.The contention of the learned counsel for the petitioner is that the petitioner is going to contest for the post of President of Malavarayanenthal Panchayat, Sivagangai District. The apprehension of the petitioner is that a criminal case is pending https://hcservices.ecourts.gov.in/hcservices/

against him and hence, the Returning Officer is likely to reject his application.

3.Heard the learned Government Advocate and perused the material documents carefully.

4.On perusal of the documents, this Court is of the prima facie view that on mere apprehension, writ petition cannot be filed. Hence, the same is liable to be dismissed. 5.Accordingly, this writ petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar vs To 1.The Commissioner, Tamil Nadu State Election Commission, Vadapalani, Chennai.

2.The District Collector, Sivagangai District, Sivagangai.

+1CC to Spl.Government Pleader Sr.No.56650 Gjm/SS3/24.10.16-2p-4C W.P(MD)No.18634 of 2016 28.09.2016 https://hcservices.ecourts.gov.in/hcservices/