V. ELAYAPERUMAL Vs. DISTRICT COLLECTOR, THOOTHUKUDI

JUDGEMENT

(1.) There has to be an elections for the Thamirabarani - Maruthur, Melakkal, Vellurkulam Water Users Association, Vellur, Srivaikundam Taluk, Thoothukudi District.

(2.) The elections are conducted on the voters' list as prepared by the District Collector. Voters' list are normally prepared on the basis of the revenue records. If the land owners name is reflected in the revenue records then, such land owners are also reflected in the voters' list . The name of the petitioner herein was found in the voter's list. The petitioner had no grievance at that particular point of time. A Writ Petiiton in W.P.(MD) No.4364 of 2023 came to be filed by one R.Muthuraja and a learned Single Judge of this Court by an order dtd. 2/3/2023 issued a direction that the voters' list should be re-examined. The voters' list was thereafter re-examined consequent to such directions and of all the persons, the petitioner name was removed. This has given cause to the petitioner to file the present writ petition. Before filing the present writ petitioner, the writ petitioner appears to have given a representation on 10/3/2023.

(3.) All these litigations, would only frustrate the object of conducting elections. Conducting the elections is the prerogative of the officials nominated and stated in the Tamil Nadu Farmers Management of Irrigation Systems Act, 2000, and the writ jurisdiction should never be invoked either to finalise the voters' list or to examine the correctness of the voter's list or to direct how the elections are to be conducted. The Writ Court is certainly not the Election Officer to conduct the election.