R A KRISHNAN Vs. ELECTION COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed seeking to issue a writ of quo warranto against the fifth respondent herein on the ground that he is not a Konda Reddy, as claimed and elected to the post of the President of Olagadam Town Panchayat situate within Ammapet Union, Bhavani Taluk, Erode District during the local body elections held in the month of October, 2001.

(2.) Olagadam Town Panchayat was a reserved constituency for the Scheduled Tribes. Fifth respondent filed his nomination as if belonged to Konda Reddy community, which is admittedly a scheduled tribe community. The election was held on 16.10.2001 and declaration was made on 25.10.2001. Contention is that the fifth respondent is not a Konda Reddy, but belongs to a forward class of Reddy community, and that he played fraud by claiming to be a Konda Reddy and filed a nomination. It is not disputed that an objection was raised to the nomination filed by the fifth respondent, but the said objection was overruled accepting the nomination of the fifth respondent, and the fifth respondent, after contest, was declared elected as the President of the above local body.

(3.) To the query of the court that no election can be challenged excepting in the manner indicated in Sec. 258 of the Tamil Nadu Panchayats Act, 1994, Mr. R. Viduthalai, learned counsel appearing for the petitioner submits that the election petition is not maintainable for the reason that the present issue does not come within the grounds enumerated for challenging the election. The grounds for declaring elections to be void are stated in Sec. 259 of the Act and one of the grounds is the improper acceptance of any nomination. That is so clear from Sec. 259(1)(d)(i) of the Act. As the objection is to the improper acceptance of the nomination of the fifth respondent, the election petition is clearly maintainable under the above provision. That apart, there is a residuary provision contained in sub -clause (iv) of sub -section (1) of Sec. 259 of the Act, which reads thus: