1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.14836 of 2011 and M.P.(MD)No.1 of 2011 V.Soundravalli ... Petitioner Vs. 1.The District Collector, Ramanathapuram, Ramanathapuram District. 2.The Block Development Officer, (Village Panchayat), Kamuthi Panchayat Union, Ramanathapuram District. 3.G.Velmurugan, Panchayat President, Peraiyur Panchayat, Kamuthi Panchayat Union, Ramanathapuram District. ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to forbear the third respondent from functioning as Panchayat President at Peraiyur Panchayat Union in conformity with Rule 38(e) of the Tamilnadu Panchayat Act, 1994. For Petitioner : Mr.M.Natarajan for Mr.M.Ajmal Khan For R-1 and R-2: Mr.R.Karthikeyan, Addl. Govt. Pleader O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to forbear the third respondent from functioning as the President of the Panchayat Union. 2. Heard Mr.M.Natarajan, learned Counsel or the petitioner. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ 2 3. According to the petitioner, the third respondent who got elected as the President of the Panchayat, was a contractor for the Kamuthi Panchayat Union and was actually awarded a contract on 19.08.2010. Therefore, the petitioner claims that the third respondent suffered a disqualification under Section 38(e) of the Tamilnadu Panchayats Act, 1994. 4. The petitioner has also filed E.L.O.P.No.5 of 2001 on the file of the District Court, Ramanathapuram and it is pending. In the meantime, the petitioner wants to prevent the third respondent from functioning as President, on the allegation that he is trying to misuse his power. 5. But a person declared as elected, cannot prevented from discharging the duties of his office. Therefore, the proper remedy is to have the E.L.O.P.5 of 2011 disposed of. 6. Hence this Writ Petition is dismissed. However, the Election Tribunal shall dispose of the E.L.O.P.No.5 of 2011 within six months from the date of filing. It will be open to the petitioner to take appropriate steps to ensure that the records relating to the contract awarded to the third respondent are preserved and not tampered with. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram, Ramanathapuram District. 2.The Block Development Officer, (Village Panchayat), Kamuthi Panchayat Union, Ramanathapuram District. +1 CC to Mr.M.Ajmal Khan, Advocate (SR.No.45509) +1 CC to Special Government Pleader (SR.No.45591) W.P.(MD)No.14836 of 2011 22.12.2011 pm NSV/4.1.12/2P/5C https://hcservices.ecourts.gov.in/hcservices/