M.Kaliammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P(MD)No.23431 of 2019 M.Kaliammal ... Petitioner Vs.

1. The District Collector, Office of the District Collector,

2. The Election Officer, Thirunagar Union Office, Thirunagar, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's application dated 14.12.2019 to contest the upcoming election as Perungudi Panchayat Union Member in Ward No.15 by considering his representation dated 17.12.2019. For Petitioner : Mr.R.Venkatesh For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.VR.Shanmuganathan, Special Government Pleader.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents to consider his application dated 14.12.2019 to contest the upcoming election as 1/3

Perungudi Panchayat Union Member in Ward No.15 by considering his representation dated 17.12.2019.

2.It is the case of the petitioner that he submitted his application for the forthcoming Local Body Election for the Perungundi Panchayat Union Member in Ward No.15 and that the second respondent has rejected his application. 3.Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents submitted that the petitioner in his nomination form dated 14.12.2019 wrongly given the details as though he is contesting for the Perungudi Panchayat Union President whereas he has filed the Writ Petition as though he submitted his application for the Ward in Ward No.15. 4.Since the petitioner has given incorrect details in the nomination form, the second respondent had rejected the application and also published the list of eligible candidates on 17.12.2019 for the forthcoming Local Body Election for the Perungudi Panchayat Union President.

5.The learned Additional Advocate General has also produced the copy of the nomination form submitted by the petitioner before the second respondent wherein the petitioner has stated that as though he sought to contest for the Perungudi Panchayat Union President election. That apart, the petitioner has not even mentioned the Ward number where he seeks to contest the election. 6.Since the petitioner has given incorrect details, the second respondent has rightly rejected the application. We do not find any reason to issue any direction to the respondents. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS ) To

1. The District Collector, Office of the District Collector, 2/3

2. The Election Officer, Thirunagar Union Office, Thirunagar, +1 CC to Mr.R.VENKATESAN, Advocate ( SR-22273[I] dated 19/12/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-106463[F] dated 26/12/2019 ) 19.12.2019 ps AE (07.01.2020) 3P 5C 3/3