K. SANGEETHA Vs. TAMIL NADU STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a writ of certiorari calling for the records pertaining to the impugned election notification, dated 22.01.2020, issued by the third respondent proposing to conduct election for the post of Vice-President of Madanthai Village Panchayat, on 30.01.2020 and to quash the same.

(2.) In the Judgments in N.P.Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem District and 4 others, reported in AIR 1952 SC 64; Mohinder Singh Gill v. Chief Election Commissioner , reported in AIR 1978 SC 851; Boddula Krishnaiah v. State Election Commissioner, A.P ., reported in AIR 1996 Supreme Court 1595; B.Pazhaniswamy v. The Tamil Nadu Chief Election Commissioner , reported in (1997) 1 MLJ 612; Avtar Singh Hit v. Delhi Sikh Gurdwara Management Committee and others , reported in (2006) 8 Supreme Court Cases 487 and in an unreported Judgment in the case of West Bengal State Election Commission and others v. Communist Party of India (Marxist) and others [Civil Appeal Nos .8515-8516 of 2018, decided on 24.08.2018], the Honourable Apex Court as well as the Division Bench of this Court, have held that once the election process had commenced by issuing a notification, the same cannot be interfered with by this Court. Following the said ratio laid down by the Honourable Supreme Court as well as the Division Bench of this Court, we have dismissed the writ petitions in W.P.(MD) Nos.905 and 1652 of 2020, by order dated 28.01.2020. Following the same ratio, we are not inclined to entertain the present writ petition.

(3.) At this juncture, the learned counsel appearing for the petitioner relied upon a letter alleged to have been by the fifth respondent stating that the petitioner has secured four votes and the seventh respondent has secured three votes.