Ayyamperumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP (MD)No.29066 of 2022 and WMP(MD)No.23045 of 2022 Ayyamperumal ... Petitioner vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppuvanam Taluk Office, Sivagangai District.

3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District.

4.The Assistant Executive Engineer, Public Works Department and Water Resources Department, Thiruppuvanam, Saruganiyaru Basin Division, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents herein to revise the Voters lists in connection with the proposed elections to be held on 1/4

29.12.2022 in respect of Chokkanatheerpu and Thavalaikulam Water Users Sangam and also to be withhold the conduct of the elections on 29.12.2022. For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.R.Baskaran, Additional Advocate General assisted by Mr.M.Siddharthan Additional Government Pleader Mr.Maheshraja for intervenor Mr.Arjunan

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the impugned election notification. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. According to him, the procedure set out in the relevant statute has not been followed. I am however not in a position to consider the said submissions for the simple reason that the petitioner had taken part in electoral process. He offered his nomination. For certain reasons his nomination was rejected. Following the rejection of the nomination, the petitioner wants to question the election notification. It is clearly not permissible in law. A person who took part in the process cannot turn round and challenge the validity of the process thereafter.

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3.Leaving open all the other contentions and remedies of the writ petitioner, this writ petition is dismissed. The Returning Officer is directed to serve a copy of the rejection order on the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 23.12.2022 Index : Yes / No Internet : Yes/ No SKM To 1.The District Collector, Sivagangai District. 2.The Tahsildar, Thiruppuvanam Taluk Office, Sivagangai District. 3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District. 4.The Assistant Executive Engineer, Public Works Department, Water Resources Department, Thiruppuvanam, Saruganiyaru Basin Division, Sivagangai District. 3/4

G.R.SWAMINATHAN, J.

skm WP (MD)No.29066 of 2022 and WMP(MD)No.23045 of 2022 23.12.2022 4/4