CHELLAPPA PILLAI Vs. I SIVASUBRAMANIAN

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 11 February, 2008 in W.P.No.34721 of 2005 whereby and whereunder the learned Single Judge was pleased to quash the order dated 6 October 2005 on the file of Special Commissioner and Commissioner of Land Administration and restored the presidentship of the first respondent. The facts:-

(2.) THE appellant was a member of Thovalai Channel Neerieni Payanpuduthuvoor Sangam. THE election to the office bearers of the Sangam has to be conducted in accordance with the Tamil Nadu Farmers Management of Irrigation Systems Act, 2000 (hereinafter referred to as "the Act") and the Tamil Nadu Farmers' Management of Irrigation Systems Election Rules, 2003 (hereinafter referred to as "the Rules"). Since the appellant was having agricultural land in Kulasekaramputhoor Village, he was eligible to contest the election for the Presidentship of Thovalai Channel Neerieni Payanpuduthuvoor Sangam. THE petitioner contested in the election and the other candidate was the first respondent. THE petitioner secured 150 votes as against 594 votes secured by the first respondent. Accordingly, the election officer declared the first respondent as President of the Sangam.

(3.) THE learned Single Judge opined that the second respondent was not having the authority to take up the election petition. According to the learned Judge the revisionary powers of the Commissioner would not enable him to take up election disputes. THE learned Judge also considered the merits of the matter and arrived at a factual finding that incorrect description of particulars would not result in rejection of nomination. Accordingly, the writ petition was allowed. Dissatisfied with the said order, the unsuccessful third respondent in W.P.No.34721 of 2005 has come up with this appeal. Submissions: