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2014 DIGILAW 2969 (MAD)

R. Srinirengaraj v. Election Commissioner, Tamil Nadu State Election Commission

2014-08-28

M.JAICHANDREN, R.MAHADEVAN

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Judgment : M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to forbear the respondents from announcing and conducting the by-elections for the vacant posts of Mayor, for Tuticorin and Tirunelveli Corporations, for the remaining term of two years. 3. This Writ Petition has been filed by the petitioner, as a Public Interest Litigation, stating that huge amounts of public money is being spent in conducting the Elections for the posts of Mayors in Tuticorin and Tirunelveli Corporations, due to their resignations, as they had become the Members of Rajya Sabha. They had completed three years in their respective posts. If elections are conducted for the posts of Mayor in the said Corporations, for the remaining period of two years, huge amounts of money would be spent, by the Political Parties, in contesting the elections. Therefore, this Court may be pleased to grant the relief, as prayed for in the present Writ Petition. 4. The learned counsel appearing on behalf of the petitioner has not been in a position to show the relevant provisions of law, which prohibits the conducting of Elections for the vacant posts of Mayor in the Corporations concerned. Further, he had not been in a position to show that huge amounts of money is being spent on conducting such elections. Even otherwise, the relief prayed for, in the present Writ Petition, cannot be maintained. As such, the present Writ Petition is liable to be dismissed. Accordingly, the Writ Petition stands dismissed. However, there will be no order as to costs.