B.Bharanithiran v. T.Prabhushankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL B.Bharanitharan ... Petitioner vs.

Dr.T.Prabhushankar, The District Collector cum Election Officer, Karur District, Tamil Nadu.

... Respondents Contempt Petition filed under Section 10 of Contempt of Courts Act to initiate the contempt proceeding against the respondent herein, for his willful disobedience and non-compliance of the order dated 19.10.2022 made in E.O.P.No.20/2020, by the learned District Judge, Karur and to punish him in accordance with law. For Petitioner : Mr.M.Rajesh For Respondent : Mr.M.Senthil Ayyanar, Government Advocate.

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O R D E R

[Order of the Court was made by M.SUNDAR, J.] Captioned contempt petition has been filed in this Court on 11.10.2023 alleging disobedience / non-compliance qua 'order dated 19.10.2022 made in E.O.P.No.20 of 2020 on the file of the Court of District Judge, Karur' (hereinafter 'said order' for the sake of convenience and clarity).

2. The said order pertains to election of one Ms.P.Baby, daughter of Periyasamy, as 5th Ward Member in Thirukattuthurai Village Panchayat, No.3/148, Elango Nagar, Nadaiyanur, Karur.

3. It is seen from the case file that the said order was assailed in this Court by Ms.Baby vide C.R.P.(MD)No.125 of 2023 (together with C.M.P.(MD)No.599 of 2023 thereat) and the CRP also came to be dismissed by a Hon'ble Single Judge in and by an order dated 30.06.2023. When the matter was taken up, this Court was informed that respondent in the contempt petition who is the District Election Officer (ex officio) being District collector has made a proceedings dated Page No.2 of 6

19.10.2023 bearing e.f.vz;.g.t2/2194/2020 inter alia saying that the aforementioned post of 5th Ward Member is now vacant. Thereafter, the following resolution has been made by local body concerned: Page No.3 of 6

4. Mr.M.Rajesh, learned counsel on record for contempt petitioner on perusing the same submits that the said order has been complied with. This means that nothing survives in the captioned contempt petition.

5. Captioned Contempt Petition is disposed of as closed making it clear (though no notice has been issued to the respondent) that the respondent will stand purged of the contempt notice. (M.S., J.) (R.S.V., J.) 01.12.2023 Index : Yes/No : Yes/No vsm Page No.4 of 6

To The District Collector cum Election Officer, Karur District, Tamil Nadu.

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

vsm ORDER MADE IN DATED : 01.12.2023 Page No.6 of 6