D.SENTHAMARAI Vs. TAMIL NADU STATE ELECTION COMMISSION

JUDGEMENT

(1.) The writ petition has been filed to challenge the letter dtd. 27/10/2021 issued by the Returning Officer/Regional Development Officer, Panchayat Union, Olakur.

(2.) The facts of the case given by the petitioner show that after his election as Ward member, the election for the post of Vice President was announced and held on 22/10/2021. The petitioner has submitted his nomination for the election and he secured majority votes out of valid votes. Accordingly, he was declared elected as Vice President vide the proceedings dtd. 22/10/2021. After the declaration of the result in favour of the petitioner, the Returning Officer subsequently took a u-turn to nullify the election for reelection, without having any authority. Once the result of the election was declared, the Returning Officer becomes functus officio, having no authority under the relevant Rules to notify re-election, unless the result of the election is challenged by the defeated candidate by following the due process of law. In view of the above, the impugned letter dtd. 27/10/2021 has been challenged.

(3.) Learned Additional Government Pleader appearing for the respondents 2 to 5 submitted that the election held on 22/10/2021 was not as per the procedure. As per the relevant Rules, the signatures of the voters is required, which does not exist in the present case and furthermore, the President of the Panchayat has not cast vote in the election, though he has been elected by an indirect election. But as per the Rules, he has right to vote. Keeping in mind the irregularities in the election, where even the President has not signed the declaration of the result, the Returning Officer took a decision to re-notify the election and, accordingly, the impugned letter was issued on 27/10/2021. The prayer is not to cause interference in the letter impugned in this writ petition.