1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.13507 of 2011 G.Kumar ... Petitioner Versus 1.The Tamil Nadu State Election Commission, Rep. by its Commissioner, Jawaharlar Nehru Road, Koyampedu, Chennai. 2.The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer cum Block Development Officer, Election for Vice Presidents, Manamadurai Panchayat Union, Manamadurai, Sivagangai District. 4.The Assistant Returning Officer, Election for Vice President, Therku Santhanoor Village Panchayat, Manamadurai Panchayat Union, Manamadurai, Sivagangai District. 5.Eluvakkal ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to declare the petitioner as the Vice President of Therku Santhanoor Village Panchayat based on the only valid nomination filed for the election scheduled on 29.10.2011, instead of the 5th respondent. For Petitioner : Mr.Shahji Chellan For R-1 to R-4 : 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 4, to declare him as having been elected as the Vice President of Therku Santhanoor Village Panchayat. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.Shahji Chellan, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader, takes notice for respondents 1 to 4. 3. The petitioner contested in the election for the post of Ward Councillor in Therku Santhanoor Village Panchayat. The Panchayat comprises of ward No.6. The petitioner got elected. 4. The election for the post of Vice President was held on 29.10.2011. According to the petitioner, he had the support of the majority. But the 5th respondent was declared elected as Vice President. 5. Contending that even the nomination of the 5th respondent was not signed by two ward members and that the declaration of election of the 5th respondent was illegal and contrary to the rules, the petitioner has come up with the above writ petition. 6. But, the fact that the 5th respondent has already been issued a certificate of declaration of election, is not in dispute. Therefore, the appropriate course of action open to the petitioner is only to file an election petition. 7. Therefore, this writ petition is dismissed, leaving it open to the petitioner to file an election petition. As and when an election petition is filed, the election tribunal shall dispose of the same within a period of six months as prescribed by the statute. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Tamil Nadu State Election Commission, Jawaharlar Nehru Road, Koyampedu, Chennai. 2.The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer cum Block Development Officer, Election for Vice Presidents, Manamadurai Panchayat Union, Manamadurai, Sivagangai District. 4.The Assistant Returning Officer, Election for Vice President, Therku Santhanoor Village Panchayat, Manamadurai Panchayat Union, Manamadurai, Sivagangai District. +1 CC to Special Government Pleader (SR.No.41640) W.P.(MD)No.13507 of 2011 25.11.2011 vsm NSV/9.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/