Madras High Court
The State Election Commissioner vs R.Jayalakshmi on 19 April, 2021
W.A.Nos.192 & 193 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.Nos.192 and 193 of 2021
W.A.No.192 of 2021
The State Election Commissioner,
Local Body Election,
100 Feet Road,
Opposite Koyambedu Bus Stand,
Chennai ..Appellant
Vs
1.R.Jayalakshmi
2.The Returning Officer/
Block Development Officer,
Cuddalore Panchayat Union,
Cuddalore, Cuddalore District.
3.The Assistant Election Officer/
Kumalankkulam Village Panchayat,
Kumalankkulam,
Cuddalore District.
4.Vijayalakshmi
5.The District Collector,
Cuddalore District,
Cuddalore. ..Respondents
https://www.mhc.tn.gov.in/judis/
Page 1 of 6
W.A.Nos.192 & 193 of 2021
W.A.No.193 of 2021
The State Election Commissioner,
Local Body Election,
100 Feet Road,
Opposite Koyambedu Bus Stand,
Chennai ..Appellant
Vs
1.R.Jayalakshmi
2.The Returning Officer/
Block Development Officer,
Cuddalore Panchayat Union,
Cuddalore, Cuddalore District.
3.The Assistant Election Officer/
Deputy Block Development Officer,
Cuddalore Panchayat Union,
Kumalankkulam Village Panchayat,
Kumalankkulam,
Cuddalore District.
4.Vijayalakshmi
5.The District Collector,
Cuddalore District,
Cuddalore. ..Respondents
Appeals filed under Clause 15 of the Letters Patent to
against the orders dated 28.10.2020 in W.P.Nos. 685 and 9105 of
2020
For Appellant
(in both appeals) : Mr.AR.L.Sundaresan
Senior Counsel
for Mr.B.Nedunchezhiyan
https://www.mhc.tn.gov.in/judis/
Page 2 of 6
W.A.Nos.192 & 193 of 2021
For Respondents
(in both appeals): Mr.C.Prakasam for R1
Mr.V.Kadhirvelu
Special Government Pleader
for R2
No appearance for R2 to R5
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
By consent, both the writ appeals are taken up together
and disposed of.
2. These appeals have been preferred on a very short and
narrow compass. The subject matter of the writ petitions is with
respect to the mistake committed in conducting the Election. The
learned Single Judge, upon going through the relevant records and
on hearing the arguments of all the sides, held that the first
respondent/writ petitioner having been allotted "Auto Rickshaw
symbol" as against the "lock and key symbol" to the first
respondent, the subsequent confusion is self-inflicted and on
extraneous consideration. Accordingly, the writ petition was allowed
directing the appellant to do the consequential act to declare the
first respondent/writ petitioner as elected.
https://www.mhc.tn.gov.in/judis/
Page 3 of 6
W.A.Nos.192 & 193 of 2021
3. The only contention raised by the learned Senior
Counsel appearing for the appellant is that the appellant being a
neutral body and in the absence of any statutory prescription,
cannot carry out the direction as against the Returning Officer, who
has also been arrayed as the second respondent.
4. The said submission will not alter the ultimate
conclusion arrived by the learned Single Judge. The contesting
respondent in the writ petition, namely, the fourth respondent, has
not come before this Court by challenging the order of the learned
Single Judge and so also the second respondent. Even otherwise,
the second respondent is only a statutory authority, who cannot
have a grievance.
5. In such view of the matter, we are inclined to modify
the order passed by the learned Single Judge by directing the
second respondent before us, who otherwise could be represented
by the learned Government Pleader, to carry out the direction of the
learned Single Judge.
6. The writ appeals stand disposed of accordingly. The
second respondent shall carry out the consequential direction issued
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W.A.Nos.192 & 193 of 2021
by the learned Single Judge within a period of two weeks from the
date of receipt of a copy of this judgment. As we note that even the
direction issued by the learned Single Judge against the appellant is
over and therefore the period of filing the appeal, if any, which
could be available to the fourth respondent before us is also over.
This position is also the case qua the second respondent. No costs.
Consequently, connected C.M.P.Nos.4915,4917,895,896 and 898 of
2021 are closed.
(M.M.S., J.) (R.N.M., J.)
19.04.2021
Internet : Yes/No
ssm
Note to Registry: Issue on 20.04.2021
To:
1.The Returning Officer/
Block Development Officer,
Cuddalore Panchayat Union,
Cuddalore, Cuddalore District.
2.The Assistant Election Officer/
Deputy Block Development Officer,
Cuddalore Panchayat Union,
Kumalankkulam Village Panchayat,
Kumalankkulam,
Cuddalore District.
3.The District Collector,
Cuddalore District,
Cuddalore.
https://www.mhc.tn.gov.in/judis/
Page 5 of 6
W.A.Nos.192 & 193 of 2021
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.Nos.192 and 193 of 2021
19.04.2021
https://www.mhc.tn.gov.in/judis/
