Madras High Court
R.Nagaraj vs The Tamil Nadu State Election ... on 7 April, 2022
W.P.No.8563 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8563 of 2022
1.R.Nagaraj
2.Manikandan
3.Madhivanan
4.Aswinraj
5.Anand
6.Abdul Wajid .. Petitioners
Vs
1.The Tamil Nadu State Election Commission,
rep. by Tamil Nadu State Election Commissioner,
Arumbakkam, Chennai.
2.The District Collector/The District Election Officer,
Gummudipoondi Town Panchayat,
Tiruvallur District.
3.The Election Officer/Executive Officer,
Gummudipoondi Town Panchayat,
Tiruvallur District.
4.The Returning Officer and Commissioner,
Gummudipoondi Town Panchayat,
Tiruvallur District.
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W.P.No.8563 of 2022
5.Kalidas .. Respondents
Petition filed under Article 226 of the Constitution of India praying for a
writ of certiorarified mandamus to call for the records pertaining to the
Notice passed by the respondent No.3 in proceedings vide Nil, dated
22.02.2022 under Rule 30(2) and 91 of the Tamil Nadu Town
Panchayats, Third Grade Municipalities, Municipalities and Corporations
(Elections) Rules, 2006 by declaring the fifth respondent as elected
candidate and quash the same as illegal and consequently to direct the
first respondent to conduct a fresh election in respect of the Ward No.1
in Gummudipoondi, Tiruvallur District.
For the Petitioners : Mr.A.Ashvathaman
For the Respondents : Mr.S.Sivashanmugam
Standing Counsel
for respondent No.1
: Mr.R.Shunmugasundaram
Advocate-General
assisted by
Mr.P.Muthukumar
State Government Pleader
and Ms.A.G.Shakeenaa
for respondent Nos.2 to 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The writ petition has been filed to challenge the election of the
fifth respondent in respect of Ward No.1 of Gummidipoondi,
Tiruvlalur District, referring to the votes secured by him in the
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W.P.No.8563 of 2022
election and, accordingly, the proceedings of 22.2.2022 is under
challenge.
2. Learned counsel for the petitioners was asked to address
the issue of maintainability of the writ petition for challenge to the
election. A reference to the judgment of this court in the case of
All India Anna Dravida Munnetra Kazhagam v. State ELection
Commissioner, 2007 (1) CTC 705, has been given.
3. The judgment in the case of All India Anna Dravida
Munnetra Kazhagam v. State Election Commissioner (supra),
was on the issue of mass booth-capturing and rigging in the overall
elections and not in reference to election for an invididual ward.
Therefore, the said decision is not applicable to the case on hand.
4. The challenge to the election by way of a writ petition is not
maintainable in view of the bar that exists under Article 243-ZG of
the Constitution of India, which is quoted hereunder:
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W.P.No.8563 of 2022
"Article 243-ZG. Bar to interference by Courts in
electoral matters.-
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such
constituencies, made or purporting to be made under
article 243-ZA shall not be called in question in any
Court;
(b) no election to any Municipality shall be called in
question except by an election petition presented to
such authority and in such manner as is provided for
by or under any law made by the Legislature of a
State."
5. The petitioners are otherwise having a remedy of preferring
an election petition to challenge the result of the election, if so
aggrieved, but without availing the remedy aforesaid, despite the
constitutional bar to entertain the petition to challenge the election,
the writ petition has been pressed.
6. We do not find the writ petition to be maintainable in view
of the constitutional bar. Accordingly, the writ petition is dismissed
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W.P.No.8563 of 2022
as not maintainable. No costs. Consequently, W.M.P.Nos.8473,
8476, 8477 of 2022 are closed.
(M.N.B., CJ) (D.B.C., J.)
07.04.2022
Index : Yes/No
sasi
To
1.The Tamil Nadu State Election Commissioner,
Tamil Nadu State Election Commission,
Arumbakkam, Chennai.
2.The District Collector/The District Election Officer,
Gummudipoondi Town Panchayat,
Tiruvallur District.
3.The Election Officer/Executive Officer,
Gummudipoondi Town Panchayat,
Tiruvallur District.
4.The Returning Officer and Commissioner,
Gummudipoondi Town Panchayat,
Tiruvallur District.
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W.P.No.8563 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.No.8563 of 2022
07.04.2022
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