Madras High Court
Sathya vs The State Of Tamil Nadu on 22 August, 2022
Author: Munishwar Nath Bhandari
Bench: Munishwar Nath Bhandari
W.P.(MD) No.15907 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.(MD) No.15907 of 2022
Sathya .. Petitioner
Vs.
1. The State of Tamil Nadu
Rep. by its Additional Chief Secretary
Secretariat
Chennai.
2. The Commissioner
Tamil Nadu State Election Commission
No.208/2, Jawaharlal Nehru Street
Arumbakkam
Chennai 600 106.
3. The District Collector
Tuticorin
Tuticorin District.
4. P.Selvakumar
5. K.Chandrasekar .. Respondents
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W.P.(MD) No.15907 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a writ of Mandamus to declare that the defection of
respondents 4 and 5 District Councillor to another political party viz.,
DMK would made them disqualified on the principle of Anti-Defection
which is a basic features of democratic process or in the alternative
consider enactment of anti-defection law for panchayat in Tamil Nadu.
For the Petitioner : No appearance
For the Respondents : Mr.P.Muthukumar
State Government Pleader
Assisted by
Mr.K.M.D.Muhilan
Government Advocate
for Respondents 1 & 3
Mr.S.Sivashanmugam
Standing Counsel
for Respondent-2
Mr.Thilageswaran
for Respondents 4 & 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a declaration that respondents 4 and 5 have defected as District Councillors of the ___________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15907 of 2022 political party on whose symbol they have contested the election.
2. It is submitted that after participation in the election on symbol of a political party, the fourth and fifth respondents changed their loyalty against the dictum of the political party on whose behalf they contested the election. Therefore, they have defected themselves and accordingly, they cannot continue as District Councillors.
3. Learned counsel for the petitioner fairly admitted that the anti defection law does not apply to District Panchayat.
4. In view of the above, the prayer made by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. There will be no order as to costs. Consequently, WMP(MD) Nos.11487 and 11490 of 2022 are also dismissed.
(M.N.B., CJ.) (N.M., J.)
22.08.2022
Index : Yes/No
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https://www.mhc.tn.gov.in/judis W.P.(MD) No.15907 of 2022 To:
1. The Additional Chief Secretary Secretariat Chennai.
2. The Commissioner Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Street Arumbakkam Chennai 600 106.
3. The District Collector Tuticorin Tuticorin District.
___________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15907 of 2022 M.N.BHANDARI, CJ AND N.MALA,J.
(kpl) W.P.(MD) No.15907 of 2022 22.08.2022 ___________ Page 5 of 5 https://www.mhc.tn.gov.in/judis