K. SHANMUGAM Vs. S. VENKATESALU

JUDGEMENT

(1.) Heard Mr. V. Prakash learned Senior Counsel appearing for the revision petitioner; Mr. A. Gowthaman learned counsel appearing for the 1st respondent and Ms. V.M. Velumani learned Special Government Pleader appearing for the 8th respondent. Though respondents 2 to 7, 9 and 10 are served and their names are printed in the cause list, none appears for them. This Civil Revision Petition has been filed for a direction to the Election Court namely the Principal District Judge, Thiruvallur District, to dispose of the Election Petition No. 189 of 2011.

(2.) After the election petition was instituted before the election Tribunal, the matter has been adjourned on various dates namely 02.11.2011, 22.11.2011, 23.12.2011, 23.01.2012, 15.02.2012, 01.03.2012, 15.03.2012, 17.04.2012, 23.04.2012 and 06.06.2012. As per Section 258(6) of the Tamil Nadu Panchayat Act, every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial. Even after the expiry of the said period, as there is no conclusion of the proceedings, the petitioner is before this Court in this Civil Revision Petition.

(3.) Mr. V. Prakash learned Senior Counsel appearing for the revision petitioner in his submission has consistently contended that Section 258(6) of the Tamil Nadu Panchayat Act is a mandatory provision and that the election Court has not taken sincere efforts to conclude the proceedings and adjourning the matter without adjudication and thus, there arises a need for a direction to give a disposal to the election petition.