JEGA VEERAPANDIAN Vs. B U SHANMUGHAM

JUDGEMENT

(1.) The appellant had filed a nomination paper for election to the office of Municipal Councillor, Mayladuthurai Municipality and another nomination paper for the office of the Chairman of the said Municipality. Both his nomination papers were, however, rejected by the Scrutiny Officer, obviously having regard to a clarification which was issued by the Director of Municipal Administration with regard to the manner in which Sec. 7-A of the Tamil Nadu District Municipalities Act, 1920 has to be given effect to. The rejection of these nomination papers was challenged by the petitioner-appellant in a writ petition, which, however, came to be rejected by the learned single Judge on the ground that the petitioner-appellant should have exercised his option to withdraw one of his nomination papers and he having not done so, the rejection of both the nomination papers was justified.

(2.) In this appeal, the same contention has been raised that the Returning Officer could not have rejected both the nomination papers and that the provision under Sec. 7-A which restricts the choice of a candidate to contest an election either as a Councillor or as a Chairman, as it is framed, is unworkable. Sec.7-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the'Act'), was introduced for the first time by Act XXII of 1978. Prior to the introduction of this Section, election of the Chairman was by the elected Councillors. However, Sec. 7-A was introduced to provide for a direct election of the Chairman by the voters. Sec. 7-A reads as follows :

(3.) There is no doubt about the object which is sought to be secured by Sec. 7-A. The object is that the same person was not to be a candidate for both the elections, namely, the office of the Chairman and the office of the Councillor. Having enacted this provision, no provision was, however, made in the rules for the purpose of working out the prohibition enacted by the two provisos in Sec. 7-A. Rule 14 of the Tamil Nadu Municipal Councils (Conduct of Election of Chairman and Councillors) Rules, 1978 (hereinafter referred to as the'Rules') provided for the scrutiny of nomination. Rule I5 provided for the withdrawal of candidature. Normally under Rule 14, the Returning Officer was entitled to scrutinise both the nomination papers filed by the same candidate for the office of Councillor and for the office of Chairman. If in a given case, both the nomination papers were found to be valid, there was no provision in the Rule by which Sec. 7-A could be given effect to by restricting the election of such a person whose both the papers are found to be valid for the office of a Councillor and Chairman of the Municipality.