T PONNI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD Mr. G. Ethirajulu, learned counsel appearing for the appellant as well as Mr. Raja Kalifulla, Government Pleader for respondents 1 and 2.

(2.) THE grievance of the appellant is that in spite of a declaration declaring that she got elected as a Councillor from Women General Ward II of Pammadhukulam Village Panchayat, as per Form 26 duly issued by the second respondent and served on her, she had not been permitted to take oath on 25. 10. 2006. Hence, the appellant filed W. P. No. 40390 of 2006 seeking a writ of Mandamus permitting her to take oath or contest or cast her vote for the election to the post of vice President to Pammadhukulam Village Panchayat, Tiruvallur District. A. The learned single judge, after hearing the respondents and recording the statement made on behalf of the respondents that one Susila had taken oath as Ward Member representing Women General Ward II of Pammadhukulam Village Panchayat, dismissed the writ petition. Hence, the above appeal.

(3.) THE learned Government Pleader produced the fax copy of the relevant records relating to the election of both the appellant as well as the third respondent representing Women General Ward II of Pammadhukulam Village Panchayat. It appears that even though the appellant was declared elected initially, declaration of her election as Ward Member referred to above was immediately cancelled by the second respondent as there was a mistake in totalling the votes polled in favour of the third respondent.