Online edition of India's National Newspaper
Monday, Apr 14, 2008
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Online edition of India's National Newspaper Monday, Apr 14, 2008 ePaper | Mobile/PDA Version |
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New Delhi: The Supreme Court on Friday permitted former Tiruttani panchayat union chairman E. Kumar of the DMK to implead the State Election Commission on a special leave petition filed by him against a Madras High Court verdict confirming a trial court order setting aside his election. A Bench of Justice Ashok Bhan and Justice Dalveer Bhandari, without issuing notice, allowed the petitioner to implead the State Election Commission when it was pointed out that the Commission was not cited as one of the respondents. Mr. Kumar was elected chairman of the panchayat union after the nominations of rival candidate P. Jothi were rejected as ‘defective’. Mr. Jothi, initially filed an election petition in a Tiruvallur court. Later it was transferred to the Vellore District Judge, who set aside the election of Mr. Kumar. The High Court, in its judgment dated March 6, confirmed the District Judge’s findings. The present SLP is directed against this judgment. Senior counsel K. Subramanian, appearing for the petitioner, submitted that the High Court had erroneously interpreted that Section 258 of the Tamil Nadu Panchayat Act contemplated filing of the election petition before the District Judge of the district in which the panchayat was situated, and not the trial of the petition by the ‘election court’ specified under the rules, which was the Tiruvallur court. He argued that the High Court’s finding that the Returning officer had issued the defective nomination form was incorrect. Counsel K.K. Mani, appearing for Mr. Jothi, submitted that the SLP had become infructuous as Mr. Jothi had been elected in the re-election. The Bench said since questions of law were involved, the petitioner should implead the State Commission.
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