V KRISHNAVENI Vs. ASSISTANT ELECTION OFFICER CUM ZONAL DEPUTY TAHSILDAR AVINASHI PANCHAYAT UNION TIRUPPUR

JUDGEMENT

(1.) Heard both sides. By consent, the writ petition itself is taken up for final disposal. Election to Local Bodies was notified in Tamil Nadu and the same is to take place on 17.10.2011 an dt 19.10.2011. Nominations were filed by candidates and the same were scrutinized on 30.9.2011. After scrutiny, the invalid nominations were rejected and the list of valid nominations was prepared. On 3.10.2011, the validly nominated candidates were given option to withdraw from the contest, if they so desire.

(2.) While so, the petitioner made nomination on 27.9.2011. However, her nomination was rejected by the Returning Officer stating as follows:

(3.) The learned counsel for the petitioner submits that the nomination of the petitioner was rejected on trivial grounds contrary to and in violation of Rules 26(4) and 29(5) of the Tamil Nadu Panchayats (Elections) Rules, 1995. Those rules are also in terms of the Representation of the People Act, 1950. Rules 26(4) and 29(5) of the Tamil Nadu Panchayats (Elections) Rules, 1995 are extracted hereunder: