SELVI Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The petitioners are the elected Councillors of Ramanathapuram Municipality. The fifth respondent is the Chairman of the said Municipality. The Chairman has been arrayed in her individual capacity as sixth respondent. The fifth respondent having acted upon the alleged resignation letters submitted by the petitioners intimated the Election Commission for holding election for the vacancy created by the petitioners on their alleged resignation.

(2.) The petitioners challenged the very resignation letters alleged to have been given by them on the ground that they happened to subscribe their signatures in their blank letterhead papers to facilitate the fifth respondent to fax greetings to the Hon'ble Chief Minister as well as the Minister for local administration. But the said blank letterhead papers were misused by the fifth respondent, it is contended.

(3.) The petitioners approached this Court earlier by filing W.P.(MD)No.6066 of 2009 seeking a writ of Mandamus to forbear the respondents 4 and 5 from preventing the petitioners from attending Ramanathapuram Municipal Council meeting and to direct the second respondent to hold an enquiry into the complaint submitted by the petitioners regarding the resignation letters allegedly submitted by them to the fifth respondent. While disposing of the said Writ Petition, this Court was pleased to direct the second respondent to conduct an enquiry with respect to the genuineness of the resignation letter alleged to have been given by the petitioners. An Enquiry Officer was appointed by the first respondent to conduct an enquiry and submit a report. The Enquiry Officer submitted a report after enquiry to the second respondent. The Enquiry Officer made an observation that the procedure envisaged under the guidelines issued by the District Municipal Administration were not adhered to by the fifth respondent. The second respondent passed the impugned proceedings on 02.12.2009 holding that the petitioners had resigned their membership from the Municipal Council and the same had been accepted. The aforesaid impugned proceedings issued by the second respondent is under challenge before this Court.