S UDHYAKUMAR CHENNAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Contempt Petition has been filed alleging violation of the orders passed by this Court on 18.6.2002 in W.P.M.P. No.29105 of 2002 in W.P. No.21056. The writ petition was filed questioning the validity of Tamil Nadu Act 29 of 2002, and particularly Sec.6 thereof.

(2.) MR.M.K.Stalin, who is the 3rd respondent in the writ petition is holding the post of Mayor, having been elected in the direct election held during the month of October, 2001. He is also M.L.A. of the Thousand Lights Assembly Constituency. By the impugned amending Act "One Man One Post" rule has been imposed and time of 15 days from the date of notification was stipulated to opt either the post of M.L.A. or Mayor, and if the above is not intimated within the aforesaid period, then Mayor would cease to hold his office. Such a notice has been issued against MR.M.K. Stalin pursuant to the notification dated 4th June, 2002. 15 days time expired with the expiration of 18th of June, 2002.

(3.) THE 2nd respondent takes a stand that since he was not a party to the writ petition or to the interim order passed, he cannot be impleaded in the contempt application. He further submits that since the Mayor is not able to function, because of these being no stay granted and as per Sec.38-A of the Madras City Municipal Corporation Act, Mayoral functions devolved upon him and as such he had been discharging the functions of the Mayor,and that he did not commit any contempt of the orders passed by this Court, which are referred to above.