M POOMINATHAN Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) IN this writ petition, the petitioner who is a ward member of T.Punaivasal Village Panchayat, Kamuthi Panchayat Union, Ramanathapuram District, seeks to set aside the impugned order, dated 14.05.2012, passed by the Returning Officer, Kamuthi.

(2.) THE said impugned notification was issued on the basis of the communication received from the State Election Commissioner, dated 11.05.2012 and a direction was issued to conduct election in respect of the vacant posts on 22.05.2012. Hence, the members of the panchayat are informed about the election.

(3.) THE case of the petitioner was that the election for the village panchayat was held on 21.10.2011 and in the panchayat there were six wards and he stood in the election for the 2nd Ward and he was elected as Ward Member and thereafter, a notification was issued to conduct election for the post of Vice- President on 30.11.2011 and the 4th respondent was the Returning Officer. He submitted his nomination form and it was accepted as per the Act. Except the petitioner, no other person filed any nomination. Therefore, he was declared elected on 30.11.2011. Even after the same, he was not allowed to work as elected Vice-President. However, by the notification dated 17.02.2012, further election was notified to be conducted on 27.02.2012. Therefore, the petitioner filed W.P.(MD).No.2169 of 2012 seeking to challenge the said election notification in respect of his panchayat and for consequential direction to grant permission to act as the Vice-President on the basis of the declaration made on 30.11.2011. In that writ petition, this Court passed an final order and in paragraphs 4 & 5 this Court has observed as follows:-