1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.13840 of 2011 and MP(MD)No.1 of 2011 R.Kannan ... Petitioner Vs. 1.The Chief Election Officer cum-District Collector, Madurai District. 2.The Revenue Divisional Officer, cum Electoral Registration Officer, Madurai East Panchayat Union, Madurai District. 3.The Chief Election Commissioner, State Election Commission, Vadapalani, Chennai. 4.Mangayarkarasi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to cancel the declarationof the 4th respondent as a Elected Councilor of the 4th ward of Y. Pudupatti Village Panchayat comprised Madurai East Panchayat Union of Madurai District made on 21.10.2011 and also directing them to declare the petitioner as a elected councilor of the 4th ward of Y. Pudupatti Panchayat of Madurai East Panchayat Union of Madurai District as a consequential order. For Petitioner : Mr.V.Nagendran For Respondents : Mr.K.Mahendran, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to direct the respondents 1 to 3 to cancel the declaration of the fourth respondent as the elected councilor of Ward IV of Y.Pudupatti Village Panchayat. 2.Heard Mr.V.Nagendran, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government takes notice for the respondents. 3.The prayer made in the writ petition is not maintainable in view of the decision of the Supreme Court in Rampakavi Rayappa Belagali Vs.B.D.Jatti reported in AIR 1971 SC 1348 and the Division Bench decision https://hcservices.ecourts.gov.in/hcservices/ 2 of this Court in Dr.Subramaniyasamy Vs.T.T.V.Dinakaran reported in 2004 (1) L.W.712. 4.In those cases, it was held that the objection relating to the inclusion of the name of a person in the electoral roll on the ground that such person is not a resident of the locality can be made only to the Electoral Registration Officer and that the same, cannot even form the subject matter of election petition. Of course, the Supreme Court carved out an exception to the rule by pointing out that if the disqualification goes to the root of the matter such as lack of citizenship itself, then it may be open to the Election Tribunal to go into the said issues. Otherwise, there is a bar of jurisdiction of all the Courts. 5.Therefore, this writ petition is dismissed. However, it is open to the petitioner to make a representation to the Electoral Registration Officer. Upon an application being made by the petitioner, he shall dispose of it, at the earliest. No costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Chief Election Officer cum-District Collector, Madurai District. 2.The Revenue Divisional Officer, cum Electoral Registration Officer, Madurai East Panchayat Union, Madurai District. 3.The Chief Election Commissioner, State Election Commission, Vadapalani, Chennai. Writ Petition(MD)No.13840 of 2011 02.12.2011 Sms RJ/16.12.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/