G SIVAM Vs. ELECTION OFFICER/THE DISTRICT COLLECTOR; STATE ELECTION COMMISSIONER AND THE SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. Gurudas, learned Counsel for the petitioner and Mr. R. Janakiramulu, learned Special Government Pleader for the respondents.

(2.) This writ petition was filed on 15.09.2006 with a prayer for issuing a writ of certiorarified mandamus to quash the order of the third respondent in G.O.(Ms) No. 107, Rural Development and Panchayat Raj (C) Department, dated 01.09.2007, published in Tamil Nadu Government Gazette Extraordinary No. 228, Part-II Section 2, dated 02.09.2006, in respect of Tanjakoor Panchayat and to direct the respondents to allow all the people to contest in the ensuing election for the post of office of the president of Tanjakoor Panchayat on the basis of the complaint made by the petitioner dated 13.09.2006.

(3.) The petitioner belongs to Tanjakoor village in Sullangudi Panchayat Union, which consists of four Panchayats viz., Sullangudi, Kattikulam, Vilathur and Tanjakoor. The grievance of the petitioner is to the effect that as per the provisions contained in the Tamil Nadu Panchayats Act 1994, hereinafter referred to as "the Act", and the Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules 1995, hereinafter referred to as "the Rules", Tanjakoor Village panchayat should not have been considered as reserved panchayat for the purpose of election to the office of the president and as per Rule 7 of the Rules, Kattikulam panchayat should have been reserved.