K MURUGESWARI Vs. TAMIL NADU STATE ELECTION COMMISSION

JUDGEMENT

(1.) This writ petition is directed against the order of the first Respondent, viz., Tamil Nadu State Election Commission, represented by its Secretary, dated 3.1.2011, by which the first Respondent by exercising the suo moto powers conferred under Rule 139 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 (for brevity, "the Election Rules, 2006") has cancelled the proceedings of the Assistant Returning Officer publishing the list of validly nominated candidates in Form-6 on 30.12.2010 in respect of election of Councillor for Ward No. 45 of Madurai City Municipal Corporation and directed to revise the same in accordance with the rule provisions.

(2.) 1. The Petitioner's husband was elected as a Ward Councillor of Ward No. 45 of the Madurai Corporation and he died on 2.6.2010. In order to fill up the casual vacancy, the first Respondent has issued a notification on 16.12.2010 publishing the programme of election for the said Ward No. 45. According to the said notification, the program of election is as follows: <FRM>JUDGEMENT_889_MADLJ6_2011_1.html</FRM>

(3.) When the matter was taken up for admission, this Court, having been prima facie satisfied and also knowing that it is not the intention of the Petitioner to stall the election, has passed a detailed order on 6.1.2011 granting interim stay of the impugned order of the first Respondent.