R. BABU Vs. TAMIL NADU STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) This Writ Petition is styled as a Public Interest Litigation. The petitioner would aver that in gross violation and utter disregard of Rule 29 of the Tamilnadu Panchayats (Elections) Rules, 1955, the scrutiny of nominations was done and nominations of the independent candidates are rejected by the Returning Officers, without assigning proper reasons and some times in a deliberate manner and the reason for rejection is also not furnished.

(2.) When this Court has pointed out that the voting process in respect of the Local Bodies Elections is over, the learned Counsel for the petitioner would submit that direction sought for by the petitioner is general in nature and at least the said Rules is to be followed in future local body election-s.

(3.) Mr.Nedunchezhian, learned Standing Counsel accepts notice on behalf of the Tamil Nadu State Election Commission, first respondent and Mr.E.Manoharan takes notice on behalf of the second respondent and would submit that Rule 29 of the Tamil Nadu Panchayats (Elections) Rules, 1955 is mandatory in nature and therefore, Returning Officers are under mandate to follow the said statutory provisions and in the absence of any specific instances as to the alleged violation, respondents are not in a position to answer to the same and however, on instructions would assure that the said provision also would be scrupulously complied with.