P.Raja v. The State Election Commissioner

W.P.(MD) No.27142 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.27142 of 2019 P.Raja ... Petitioner -vs1.The State Election Commissioner 208/2, Jawaharlal Nehru Salai Opp to Koyambedu Bus Stand Arumbakkam, Chennai-600 016 2.The District Collector Dindigul District 3.The Commissioner Dindigul Corporation Dindigul 4.Siddick @ Mohamed Siddique ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to declare 4th respondent is not entitled to contest in Local Body Election by considering the petitioner representation dated 05.12.2019.

For Petitioner :

Mr.T.A.Ebenezer For Respondents :

Mr.Raja Karthikeyan for R1 Mr.K.Chellapandian Additional Advocate General for R2 & R3

O R D E R

[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 official respondents to declare that the fourth respondent is not entitled to contest in the Local Body Election, by considering his representation dated 05.12.2019.

2. The apprehension of the petitioner is that the fourth respondent may file his nomination for the Urban Local Body Election, which has not yet been notified by the first respondent. When the first respondent has not notified the Urban Local Body Election sofar, the necessity for giving a representation to reject the nomination of the fourth respondent does not arise. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.27142 of 2019 One cannot presume that the fourth respondent would file his nomination in the forthcoming Urban Local Body Election to be notified by the first respondent.

3. In such view of the matter, the relief sought for in this writ petition is pre-matured. Hence, we are not inclined to entertain the same. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The District Collector, Dindigul District.

2.The Commissioner, Dindigul Corporation, Dindigul.

3.The State Election Commissioner 208/2, Jawaharlal Nehru Salai Opp to Koyambedu Bus Stand Arumbakkam, Chennai-600 016 +1 CC to M/s.T.A.EBENEZER, Advocate ( SR-106313[F] dated 20/12/2019 ) +1 CC to MR.RAJA KARTHIKEYAN, Advocate ( SR-106324[F] dated 20/12/2019 ) +1 CC to SPL.GP ( SR-106515[F] dated 27/12/2019 ) W.P.(MD) No.27142 of 2019 20.12.2019 KM/(20.01.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2