Corporation election Delimitation case dismissed full order THE HON’BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.2459 of 2022 B.Ambed Venkatesh .. Petitioner vs 1. The Chief Secretary to Government Chief Secretariat Fort St.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2022
CORAM :
THE HON’BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.2459 of 2022
B.Ambed Venkatesh .. Petitioner
vs
1. The Chief Secretary to Government
Chief Secretariat Fort St. George Chennai – 600 009.
2. The State Election Commissioner
O/o. Tamil Nadu State Election Commission
No.208/2, Jawaharlal Nehru Road Arumbakkam
Chennai – 600 106.
3. The Commissioner
The Greater Chennai Corporation
Ripon Building
Chennai – 600 003. .. Respondents
PRAYER: Petition under Article 226 of the Constitution seeking issuance of a writ of mandamus directing the respondents to consider and pass order on the petitioner’s representation dated 31.1.2022 with regard to allotment of four wards meant for SC in the local body election in Chennai City Municipal Corporation within a stipulated time.
For the Petitioner : Mr.R.Prathaban
For the Respondents : Mr.R.Shunmugasundaram Advocate General assisted by
Mr.P.Muthukumar
State Government Pleader for 1st respondent
: Mr.S.Sivashanmugam Standing Counsel for 2nd respondent
: Mrs.Karthika Ashok Standing Counsel for 3rd respondent
ORDER
(Order of the court was made by the Hon’ble Acting Chief Justice)
The petitioner has filed this writ petition to direct the respondents to consider the representation made by the petitioner alleging that allotment of wards was not made in accordance with law. The representation is otherwise against the notification of
delimitation issued in the year 2018.
2. The petitioner has not shown sufficient cause for the delay in filing of the writ petition. Apart from the above, once the process of election has commenced, this court would not cause interference. Even otherwise, the writ petition is not maintainable because the allegation qua delimitation cannot be raised before this court unless
violation of Rules has been shown.
For the foregoing reasons, the writ petition is dismissed. No
costs.
(M.N.B., ACJ.) (D.B.C., J.)
10.02.2022
Index : Yes sasi
To:
1. The Chief Secretary to Government
Chief Secretariat Fort St. George Chennai – 600 009.
2. The State Election Commissioner
O/o. Tamil Nadu State Election Commission
No.208/2, Jawaharlal Nehru Road Arumbakkam
Chennai – 600 106.
3. The Commissioner
The Greater Chennai Corporation Ripon Building
Chennai – 600 003.
M.N.BHANDARI, ACJ
AND
D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.P.No.2459 of 2022
10.02.2022