IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2010 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No. 9079 of 2010 and M.P.No. 1 of 2010 C.Soundararajan ... Petitioner Vs 1.The Tamil Nadu State Election Commissioner, (Local Bodies), 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai- 600 106. 2.The District Collector, Namakkal. 3.The Block Development Officer, Namagiripettai Panchayat Union, Rasipuram Taluk, Namakkal District. 4.The President, Vadugam Muniappampalayam Panchayat, Namagiripet Panchayat Union, Rasipuram Taluk, Namakkal District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari calling for the records relating to the proceedings of the third respondent in his Proceedings reference number Na.Ka.No.1729/2009/A3, dated 03.02.2010 and quash the same, consequently, the petitioner may be allowed to continue as member of the II Ward in Vadugam Muniappampalayam Panchayat, Namagiripet Panchayat Union, Rasipuram Taluk, Namakkal District. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.P.B.Dhurai Shamy For Respondents : Mrs.Lita Srinivasan, Government Advocate for R1 and R2 Ms.S.Anitha for R3. ORDER The petitioner was elected as Member of the II Ward in Vadugam Muniappampalayam Panchayat in the year 2006. He submitted his resignation on 14.10.2009 expressed his willingness to resign the post of Ward Member. 2.Thereafter, he made an application dated 23.12.2009 to the public Authority making various queries including the query as to whether he continues in the post of Ward Member. The public Authority informed by an order dated 03.02.2010, his resignation was accepted by the Panchayat. The petitioner seeks to quash the aforesaid communication dated 03.02.2010 and to permit the petitioner to continue as Member of II Ward in Vadugam Muniappampalayam Panchayat, Namagiripet Panchayat Union, Rasipuram Taluk, Namakkal District. 3.Notice of motion was ordered. 4.Heard Mr.S.P.B.Dhurai Shamy, learned counsel appearing for the petitioner, Mrs.Lita Srinivasan, learned Government Advocate appearing for the first and second respondents and Ms.S.Anitha, learned counsel for the third respondent. 5.A counter affidavit has been filed by the third respondent. 6.The learned counsel appearing for the petitioner states that his resignation dated 14.10.2009 was accepted by the Panchayat on 16.11.2009 as per the counter affidavit filed by the third respondent. According to the petitioner, the resolution is illegal, as the resignation was not accepted within a period of two weeks. Hence, he should be permitted to continue in the post of Ward Member. 7.The learned Government Advocate representing the respondents 1 and 2 submits that the petitioner does not seek to challenge the Resolution dated 16.11.2009 and on the other hand, he seeks to challenge the information given by the public Authority as to whether he continued as a Ward Member or not. https://hcservices.ecourts.gov.in/hcservices/ 8.Admittedly, the resignation of the petitioner was accepted by the resolution dated 16.11.2009. That resolution is not put to challenge in the manner known to law. The petitioner could not seek a direction to permit him to continue as Ward Member. Hence, the writ petition is misconceived and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. mps Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Tamil Nadu State Election Commissioner, (Local Bodies), 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai- 600 106. 2.The District Collector, Namakkal. 3.The Block Development Officer, Namagiripettai Panchayat Union, Rasipuram Taluk, Namakkal District. + 1 cc to Mr. S.P.B. Dhurai Shamy, Advocate SR No.52399 + 1 cc to M/s. S. Anitha, Advocate SR No.51418 + 1 cc to Government Pleader, SR No.51809 MRD(CO) SR/23.7.2010 W.P.No. 9079 of 2010 and M.P.No. 1 of 2010 https://hcservices.ecourts.gov.in/hcservices/