L. MUTHUSELVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner/Mr.L.Muthuselvi, W/o.Lakshmanan, has filed the present writ petition, challenging the proceeding issued by the 6th respondent/P.A. to the District Collector, Dindigul District, dated 30.09.2013 in Na.Ka.No.4292/2013/A2, to quash the same and for a consequential direction against the 4th respondent to fill up the casual vacancy in the post of Chairman of Nilakkottai Panchayat Union in accordance with the statutory procedure prescribed under the Tamil Nadu Panchayats Act, 1994 and Tamil Nadu Panchayats (Elections) Rules, 1995 and allow the petitioner to contest in the election by issuing a nomination form and pass such further or other orders.

(2.) MR .N.Dilip Kumar, learned counsel appearing for the petitioner assailing the impugned notification submitted that Nilakottai Panchayat Union is consisting of 20 Wards and to fill up all the posts of Ward Members, while so, a General Election was held in the month of October 2011 and finally after the election process was over, one Mr.Nagarathinam was elected as a Chairman of the said Nilakkottai Panchayat Union. Similarly, Mr.Yagappan/8th respondent herein was also elected as a Vice -Chairman of Nilakkottai Panchayat Union. Thereafter, all of a sudden, the Chairman Mr.Nagarathinam died on 09.03.2013 resultantly, the present impugned notification has been issued by the 6th respondent/P.A.to the District Collector (Nutrition Programme), Dindigul, for electing the Chairman of Nilakkottai Panchayat Union, ignoring three vital statutory conditions.

(3.) SECONDLY , it is also pleaded that as per Rule 24(3)(ii) of the Tamil Nadu Panchayat Election Rules, 1995, for the casual election of members of the Panchayat Union Councils, notification shall be published in the respective District Gazette, unfortunately, he pleaded, even the said condition has been completely overlooked.