SYED ALI FATHIMA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner in both writ petitions is one Tmt. Syed Ali Fathima and though the relief sought for in both the writ petitions are different both pertain to the election to the post of Mayor of Tirunelveli City Municipal Corporation. With the consent of either side, both the writ petitions were heard and disposed of at this stage.

(2.) THE petitioner filed nomination for the post of Mayor of Tirunelveli City Municipal Corporation, on 04.09.2014 as an independent candidate before the second respondent. By the impugned proceedings, dated 05.09.2014, the second respondent rejected the petitioner's nomination, stating that in terms of the provisions of Rule 24(4) of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006, (hereinafter, referred to as 'the Rules'), as per the proposal made by the proposer of the petitioner, the petitioner's name was not found in the Local Body Electoral Voters List -2014. The petitioner would submit that in her nomination, she has filled up the details as per the electoral roll published by the Election Commission of India and she has been issued an identity card and the second respondent rejected the petitioner's application on flimsy grounds. This order is impugned in W.P. (MD) No. 14906 of 2014.

(3.) WHEN the writ petitions were posted for admission on 09.09.2014, Mr. K. Aayiram K. Selvakumar, learned Government Advocate accepted notice for the respondents 1 and 2 and the matter was posted on 16.09.2014 for filing counter affidavit and counter affidavit has been filed by the second respondent.