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2012 DIGILAW 3475 (MAD)

K. Shanmuga v. S. Venkatesalu

2012-08-03

V.DHANAPALAN

body2012
ORDER Heard Mr. V. Prakash learned Senior Counsel appearing for the revision petitioner; Mr. A. Gowthaman learned counsel appearing for the 1st respondent and Ms. V.M. Velumani learned Special Government Pleader appearing for the 8th respondent. Though respondents 2 to 7, 9 and 10 are served and their names are printed in the cause list, none appears for them. 2. This Civil Revision Petition has been filed for a direction to the Election Court namely the Principal District Judge, Thiruvallur District, to dispose of the Election Petition No: 189 of 2011. According to the revision petitioner, the local body elections in the State of Tamil Nadu including the various Panchayats were conducted on 19.10.2011. The results to the same were announced on 21.10.2011. According to the results announced by the 8th respondent, for the Karthigeyapuram Panchayat, a total of 2349 votes were polled, out of which 108 votes were declared as invalid. The petitioner claims that he secured 464 votes and the 1st respondent secured 467 votes and thus there was a difference of 3 votes. As there was an allegation of malpractice, after giving a representation to the 8th respondent, having no other efficacious remedy, petitioner filed an Election Petition No: 189 of 2011 on 29.10.2011 seeking to declare the election of the 1st respondent as President for Karthigeyapuram Village Panchayat and to declare the election result announced by the 8th respondent as null and void and further to declare the petitioner as a duly elected President. 3. After the election petition was instituted before the election Tribunal, the matter has been adjourned on various dates namely 02.11.2011, 22.11.2011, 23.12.2011, 23.01.2012, 15.02.2012, 01.03.2012, 15.03.2012, 17.04.2012, 23.04.2012 and 06.06.2012. As per Section 258 (6) of the Tamil Nadu Panchayat Act, every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial. Even after the expiry of the said period, as there is no conclusion of the proceedings, the petitioner is before this Court in this Civil Revision Petition. 4. Mr. Even after the expiry of the said period, as there is no conclusion of the proceedings, the petitioner is before this Court in this Civil Revision Petition. 4. Mr. V. Prakash learned Senior Counsel appearing for the revision petitioner in his submissios has consistently contended that Section 258 (6) of the Tamil Nadu Panchayat Act is a mandatory provision and that the election Court has not taken sincere efforts to conclude the proceedings and adjourning the matter without adjudication and thus, there arises a need for a direction to give a disposal to the election petition. 5. Though in principle this has been resisted by the learned counsel appearing for the respondents, counsel appearing for the 1st respondent fairly submits that the election petition may be directed to be concluded within a time frame. 6. It is not in dispute that the election petition came to be filed by the revision petitioner on 29.10.2011 and that it was adjourned on various dates namely 02.11.2011, 22.11.2011, 23.12.2011, 23.01.2012, 15.02.2012, 01.03.2012, 15.03.2012, 17.04.2012, 23.04.2012 and 06.06.2012. During the course of arguments, it is reported that the matter has been adjourned to 13.08.2012. The mandatory provision namely Section 258 (6) of the Tamil Nadu Panchayat Act clearly provides that every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within a period of six months from the date on which the election petiiton is presented to the District Judge for trial. If such is the position, the Election Court is under the obligation to conclude the proceedings within the time frame prescribed under the Act. 7. Accordingly, this Civil Revision Petition stands disposed of with a direction to the Principal District Judge, Election Court, Thiruvallur to expedite the trial in Election Petition No: 189 of 2011 and conclude the same as expeditiously as possible however, not later than two months from the date of receipt of a copy of this order. It is needless to mention that the parties to this proceeding shall co-operate with the Election Court in expeditious disposal of the matter. There shall be no orders as to the costs.