K ARANGASAMI Vs. S DHANAM

JUDGEMENT

(1.) "Democracy, much less its fruits at the grass-root level in Indian Polity, namely Panchayat Raj, is not a magic gold nor a hypothetical concept; but it is a matter to be practiced by proper and reasonable interpretation of the laws relating to election. Interpretation of laws relating to election which deal with valuable and lustrous rights in a democratic system should therefore stand to the test of logic and rationality, as otherwise it would be a mockery on democracy."

(2.) Here is an illustrative case, wherein, by an erroneous interpretation of laws relating to Panchayat election by the Returning Officer, a candidate was declared elected unopposed to the office of the President of the Village Panchayat, in spite of valid and effective contest by others.

(3.) The revision petitioner is the successful candidate, declared as President of the Melachery Village Panchayat of Senji Taluk, in the election held on 4.10.2001, pursuant to a notification issued by the Tamil Nadu State Election Commission dated 19.6.2001, under the provisions of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the Act), read with the Tamil Nadu Panchayats (Elections) Rules, 1995 (hereinafter referred to as the Rules), framed exercising the powers under Section 242 read with Sections 11, 20, 32 and 57 of the Act, for conduct of the elections to the office of the members to a single-member/multi-member ward(s) of Village Panchayat, the President of the Village Panchayat, the Member of a Panchayat Union Council or a District Panchayat, for a period of five years, simultaneously.