SANNASI Vs. THE ELECTION OFFICER (BLOCK DEVELOPMENT OFFICER) BETHANAICKENPALAYAM PANCHAYAT UNION SALEM DISTRICT & OTHERS

JUDGEMENT

(1.) The Petitioner in E.O.P. No. 121 of 2006, is the revision Petitioner herein.

(2.) The revision Petitioner filed the above election petition, challenging the election of the fourth Respondent and prayed for a declaration that the election of the fourth Respondent is illegal and to declare the revision Petitioner as the elected candidate for the post of President of the Village Panchayat, in respect of Palaniyapuri Village, Attur Taluk and to take criminal action against the fourth Respondent.

(3.) The case of the revision Petitioner was that the post of President, in respect of the Palaniyapuri Village, Attur Taluk, was reserved for Scheduled Tribe Community, and a notification under Section 57 of Tamil Nadu Panchayats Act, 1994, was also issued reserving the said post for the Scheduled Tribe Community. The revision Petitioner belongs to Hindu Malai Kuruvan Community, which is a notified Scheduled Tribe. Therefore, the revision Petitioner applied for the above said post and the fourth Respondent also applied for the said post and both of them filed nomination and while scrutinizing the nomination papers, the revision Petitioner raised objection stating that the fourth Respondent does not belong to Scheduled Tribe Community and she belongs to Hindu Vaniyar Community. The revision Petitioner's objection was not properly considered by the Returning Officer and the fourth Respondent was allowed to contest the election for the reserved post and as she has secured maximum number of votes, she was declared as the successful candidate.