SEKAR REPORTER

Court News from Madras High Court

State election case THE HON-BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON-BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.28057 of 2021. Mr.P.Muthukumar State Government Pleader for respondent Nos.2 to 5 ORDER (Order of the Court was made by the Hon-ble Acting Chief Justice)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM :

THE HON-BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON-BLE MR.JUSTICE P.D.AUDIKESAVALU

W.P.No.28057 of 2021
K.Krishnan .. Petitioner

Vs.

1. The State Chief Election Commissioner,
Election Commission,
Tamilnadu State,
206/N, Jawaharlal Nehru Road,
Jai Nagar, Arumbakkam,
Chennai, Tamil Nadu~600 106.

2. The District Collector,
O/o District Collectorate,
Tiruvallur, Pin – 631 202.

3. The Commissioner Town Panchayat,
Pallipattu,
Pallipattu Taluk,
Tiruvallur District – 631 207.

4. The Executive Officer,
Pallipattu Panchayat,
Pallipattu, Tiruvallur District – 631 207.

5. The Additional Director,
Pallipattu Panchayat,
Pallipattu,
Tiruvallur District – 631 207. .. Respondents

Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation dated 13.9.2021 of the petitioner by re~visiting the wards and allot the wards on the basis of population in the hamlets of Pallipattu Town Panchayat before the forthcoming election for restoring the poor people right.

For the Petitioner
:
Mr.G.Thyagarajan

For the Respondents
:
Mr.S.Siva Shanmugam
for respondent No.1

:
Mr.P.Muthukumar
State Government Pleader
for respondent Nos.2 to 5
ORDER
(Order of the Court was made by
the Hon-ble Acting Chief Justice)

The writ petition has been filed seeking a direction for consideration of the representation made by the petitioner on 13.9.2021. The representation was made challenging the delimitation of the wards.

2. The challenge to delimitation is not maintainable in view of Article 243~O of the Constitution of India. The provision aforesaid is quoted hereunder for ready reference:
“Article 243~O. Bar to interference by Courts in electoral matters.~ Notwithstanding anything in this Constitution~
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243~K, shall not be called in question in any court;
(b) no election to any Panchayats shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.“

3. In view of the bar under Article 243~O of the Constitution of India, the writ petition challenging the delimitation is not maintainable. The process of delimitation is undertaken based on the population ratio changing from time to time. The change in population may require delimitation of wards, which may result in increase in the wards or variation in wards or division of wards commensurate with the population. In view of the above, the writ petition challenging delimitation is not maintainable.

The writ petition is, accordingly, dismissed. No costs.

(M.N.B., ACJ.) (P.D.A., J.)
03.01.2022
Index : No
sasi

To:
1. The State Chief Election Commissioner,
Election Commission,
Tamilnadu State,
206/N, Jawaharlal Nehru Road,
Jai Nagar, Arumbakkam,
Chennai, Tamil Nadu~600 106.

2. The District Collector,
O/o District Collectorate,
Tiruvallur, Pin – 631 202.

3. The Commissioner Town Panchayat,
Pallipattu,
Pallipattu Taluk,
Tiruvallur District – 631 207.

4. The Executive Officer,
Pallipattu Panchayat,
Pallipattu, Tiruvallur District – 631 207.

5. The Additional Director,
Pallipattu Panchayat,
Pallipattu,
Tiruvallur District – 631 207.
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.

(sasi)

W.P.No.28057 of 2021

03.01.2022

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