1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12394 of 2011 and M.P (MD) No.1 of 2011 M.Pandi ... Petitioner Versus 1. The District Collector/ Inspector of Panchayat, Madurai District, Madurai. 2. The Block Development Officer, (Returning Officer), Thirupparankundram, Madurai – 5. 3. The Assistant Director (Audit), Rural Development, Madurai, Madurai District. 4. L.Karuthakannan ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Quo-Warranto, directing the fourth respondent to show cause in what authority he is holding the post of Panchayat Board President at Thanakkankulam Village, Madurai District. For Petitioner : Mr.S.Kanagarajan For RR 1 to 3 : Mr.R.Karthikeyan Additional Government Pleader O R D E R The petitioner has come up with the above Writ Petition seeking the issue of a Writ of Quo-Warranto, directing the fourth respondent to show- cause as to under what authority he is holding the post of Panchayat Board President. 2. Heard Mr.S.Kanagarajan, learned Counsel for the petitioner. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 1 to 3. 3. The petitioner as well as the fourth respondent herein contested for the post of President of Thanakkankulam Panchayat, in the Election held on 19.10.2011. The fourth respondent was declared elected and he has assumed office. 4. But it appears that the fourth respondent suffered proceedings for recovery of an amount of Rs.12,97,122/-, allegedly misappropriated by him. Therefore, contending that the fourth respondent is disqualified from https://hcservices.ecourts.gov.in/hcservices/ 2 contesting the Election in terms of Section 37(3)(f) of the Tamil Nadu Panchayats Act, 1994, the petitioner has come up with the above Writ Petition. 5. But the disqualification suffered by a person in terms of any of the provisions of the Act, is a matter that should be adjudicated only before an Election Tribunal. Section 259(1)(a) of the Act, states that the election of a person can be declared as void by the District Judge if on the date of Election he was not qualified or disqualified to be chosen as a member. Since, the Election Tribunal is competent to go into the question the petitioner should move the Election Tribunal. 6. Hence, this Writ Petition is dismissed, leaving it open to the petitioner to raise an Election dispute. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) To 1. The District Collector/ Inspector of Panchayat, Madurai District, Madurai. 2. The Block Development Officer, (Returning Officer), Thirupparankundram, Madurai – 5. 3. The Assistant Director (Audit), Rural Development, Madurai, Madurai District. +1. CC to the Special Government Pleader, SR.No. 37590 ps W.P (MD)No.12394 of 2011 01.11.2011 TR :10.11.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/