C.Tamilselvan v. Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.19437 of 2016 AND WMP(MD).NO.14086/2016 C.Tamilselvan .. Petitioner -Vs1.Chief Secretary to Government, Government of Tamil Nadu St. George Fort, Chennai.
2.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.206/N, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.
3.The District Collector, District Collector Campus, Trichy District.
4.The Tahsildar, Tahsildar Office, Manapparai, Trichy District ...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents 1 to 4 to convert the Venkaikurichi Village Panchayat Union council membership in ward No.1 Mannaparai Tk Trichy Dt. from common constituency to reserved constituency on rotation basis on the basis of representations dt.21.09.2016 made by the petitioner to the Respondents.
For Petitioner : Mr.C.S.Ravichandran For respondents 1 to 4 : Mr.R.Karthikeyan Addl.Govt.Pleader
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner, a voter in the Manapparai Municipality, governed by the Tamil Nadu District Municipalities Act, has come up with this Public Interest Litigation seeking a direction to the respondents 1 to 4 to convert the Venkaikurichi Panchayat Union council membership in ward No.1 Mannaparai Tk Trichy Dt. from common constituency to reserved constituency on rotation basis on the basis of representations dt.21.09.2016 made by the petitioner to the Respondents.
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2.We have heard the learned counsel appearing for the petitioner, the learned Additional Advocate General appearing for the respondents 1 to 4.
3.The grievance of the petitioner is that there was no rotation of reservation of seats. The learned Additional Government Pleader would submit that as per Rule 4-A of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996, which was introduced by means of amendment in the year 2006 and notified in the Government Gazette on 01.09.2006 and as per the further amendment made and notified in Government Gazette on 12.09.2016, for insertion of the word "or for women" in Rule 4-A, until the Government direct otherwise, the reservation once made shall be continued to be in force.
4.The petitioner has not challenged the validity of the Rule 4-A. Thus, in our considered view, in the light of the Rule 4-A, the relief sought for by the petitioner cannot be granted. This Writ Petition is, therefore, dismissed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.Chief Secretary to Government, Government of Tamil Nadu St. George Fort, Chennai.
2.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.206/N, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.
3.The District Collector, District Collector Campus, Trichy District.
4.The Tahsildar, Tahsildar Office, Manapparai, Trichy District.
+1 cc to the Spl.Govt.Pleader in SR No.60573 Order made in W.P.[MD].No.19437 of 2016 06.10.2016 RR ANR/PV/26.10.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/