LAWS(MAD)-2008-12-99

P SUBBULAKSHMI Vs. STATE OF TAMIL NADU

Decided On December 05, 2008
P. SUBBULAKSHMI Appellant
V/S
STATE OF TAMIL NADU REP.BY THE SECRETARY TO GOVERNMENT, LAW DEPARTMENT Respondents

JUDGEMENT

(1.) HEARD Mrs.Hema Sampath, learned Senior Counsel leading Mr.R.Subramanian, learned counsel for the appellant and Mr.Raja Kalifulla, learned Government Pleader taking notice for the respondents and perused the records.

(2.) THIS writ appeal is directed against the order of the learned Single Judge made in W.P.No.35921 of 2006 dated 30.7.2007 in dismissing the writ petition filed by the appellant. The petitioner in the original writ petition, sought for a prayer to declare Section 3-CC in Chapter I-B of the Tamil Nadu District Municipalities Act, 1920 as introduced by the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006), as ultra vires and unconstitutional.

(3.) BY virtue of Section 4-A(1)(a) of the Tamil Nadu Panchayats Act, 1994, the elected Chairman and Members of the Town Panchayat, who were holding office immediately before constitution of such Town Panchayat, shall be deemed to be the elected President and Members of the Village Panchayat and will continue to hold office up to the date notified by the Government and if no date is notified, then up to the next general elections. BY virtue of this provision, the petitioner's term as a Ward Member in Courtallam Village Panchayat continued.