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S.R.Nallasivam vs The State Election Commissioner

Madras High Court|17 March, 2017

JUDGMENT / ORDER

By consent, the writ petition itself is taken up for final disposal.
2.The petitioner has come forward to file this writ petition alleging that respondent no.7, having suffered an order from respondent no.5 dated 21.06.2016 for his misconduct in his position as a Ward member in the allotment of funds in the name of respondent no.8, shall not be permitted to contest the ensuing Panchayat election in pursuance to the representation made by him on 19.09.2016.
3.This Court is afraid that this is a matter which can be looked into by the concerned authority as and when the nomination is filed by respondent no.7. Admittedly, as of now, the election process has not begun and it is not known as to whether the seventh respondent would file his nomination or not. Thus, there is no cause of action that has arisen at present.
4.Accordingly, the writ petition stands disposed of, with liberty to the petitioner to approach the authorities concerned in the event of the seventh respondent filing his nomination in the ensuing Panchayat election. Consequently, W.M.P.No.6114 of 2017 is closed. No costs.
5.Needless to state that the concerned authority will have to look into the nomination of respondent no.7, if so filed and do the needful.
17.03.2017 Index : Yes/No Internet : Yes/No sra To
1.The State Election Commissioner, Office of State Election Commission, Vadapalani, Chennai.
M.M.SUNDRESH, J.
(sra)
2.The District Collector, Erode District, Erode.
3.The Director Rural Development and Panchayat Raj Department, Panagal Maligai, Saidapet, Chennai-15.
4.The Director of Planning District Rural Development Committee, Erode District.
5.The Block Development Officer, (Village Panchayat) Modakurichi Union, Erode District.
6.The President Nanjai Uthukuli Village Panchayat, Modakurichi Union, Erode District.
W.P.No.34812 of 2016 17.03.2017 http://www.judis.nic.in
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Title

S.R.Nallasivam vs The State Election Commissioner

Court

Madras High Court

JudgmentDate
17 March, 2017