Back
G. K. ILANTHIRAIYAN
K. Sivakumar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order of the first respondent dated 03.09.2021 in G.O. (Ms.) No. 108, Rural Development and Panchayat Raj (PR-1) Department, published in the Tamil Nadu Government Gazettee Extraordinary, Part-II, Section 2, dated 03.09.2021, and quash the same only insofar as it relates to the reservation for the post of President of the Nayakkaneri village panchayat, Madhanur panchayat union, Tirupathur district, for Scheduled Castes women.
1. This writ petition has been filed challenging the order passed by the first respondent dated 03.09.2021, in G.O. (Ms.) No. 108 Rural Development and Panchayat Raj (PR-1) Department, which relates to the reservation for the post of President of the Nayakkaneri Village Panchayat, Madhanur Panchayat Union, Thirpathur District, for Scheduled Castes women.
Facts of the case:
2. The first petitioner is a former panchayat President. He was elected and functioned as President of Nayakkaneri village panchayat in the year 2011 to 2016. The second petitioner belongs to Scheduled Tribes community and his father wa
Reservation for village panchayat posts must reflect the actual population demographics; improper reservation violates legal provisions.
Court confirmed that judicial intervention in electoral matters is restricted once elections are announced, emphasizing elections must proceed without interruption due to concerns of illegality.
Courts cannot entertain challenges to the formation of wards and reservation of seats for village Panchayats due to the provisions of Article 243-O and the decision in Jadhav Shankar Dyandeo vs. Coll....
Election – Rejected nomination paper - Maintainability of Petition - Petition would not be maintainable against an order rejecting a nomination paper - Section 15 confers very wide powers on trial Ju....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
The 'power of judicial review' is specially conferred on the Constitutional Courts, i.e. the High Courts and the Supreme Court, under Articles 226 and 32 of the Constitution, respectively.
A person elected in a general category to a Gram Panchayat can contest for the post of Adhyaksha or Upadhyaksha in a reserved category, as long as they belong to that reserved category.
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
