IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.02.2025 CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN Writ Petition No.22848 of 2024 D. Sarathbabu .. Petitioner Vs.

1. The Election Commissioner, Election Commission of Tamil Nadu, Chennai.

2. The Returning Officer Cum District Collector, O/o.District Collector, Thiruvarur District.

3. The Director (Projects)

Department of Tamil Nadu State Rural Livelihood Mission, O/o. District Collectrate, Thiruvarur District.

4. The Superintendent of Police, O/o. Superintendent of Police, Thiruvarur District.

5. Mr.Papa. Subramaniyan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Mandamus, directing the second and third respondent to take step for prosecuting the fifth respondent as per the proceedings of the third respondent vide Na.Ka.921/2022/A3 dated 27.10.2023 strictly in accordance with Tamil Nadu Panchayats (Election)

Rules, 1995.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr. P.R.Raman, Senior Counsel for Mr.S.Siva Shanmugam, Standing Counsel (TNSEC), for R1 Mr.M.Suresh Kumar, Additional Govt. Pleader, Asst. by Mr.S.John J. Raja Singh Addl. Govt. Pleader for RR2 & 3 Mr.E.Raj Thilak, Additional Public Prosecutor, for R4 Mr. S.S.Jayanthi, for R5 ********

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J.)

This is a classic case where due to official apathy and complete negligence on the part of the Authorities, who are put in charge of the process of election to Village Panchayats, a person who is alleged to have committed an offence of furnishing false information in the affidavit filed by him under Rule 26 of the Tamil Nadu Panchayats (Election) Rules, has not only completed his tenure as a member of the Village Panchayat, but also escaped consequence of any criminal action.

2. The fifth respondent herein contested in the elections held in the year 2019 for a Membership of the District Ward, he was declared the successful candidate having secured the most number of votes. A complaint was made by the petitioner herein on 29.10.2022 alleging that the fifth respondent has not made full and correct disclosure of the properties that were owned by him at the time of the election which according to the petitioner was in violation of the Rules, requiring action to be taken under Rule 26 (2A) (h) of the Tamil Nadu Panchayats (Election) Rules, 1995. The State Election Commission on its part forwarded the said complaint to the District Collector/ District Election Officer, Thiruvarur on 04.11.2022. He in turn forwarded it to the Returning Officer viz. the Project Director, Tamil Nadu State Rural Livelihood Mission, under cover of his letter dated

02.12.2022.

3. The said Officer, as required under Rule 26 (2A)(h) of the Tamil Nadu Panchayats (Election) Rules, 1995, conducted a preliminary enquiry and recorded a prima facie finding that the fifth respondent was in fact guilty of not making a full and correct disclosure of his assets in the affidavit filed by him. After recording such finding and after having informed the District Collector of such finding on 02.03.2023, the Project Director waited for almost 7 months to write to the District Superintendent of Police, Thiruvarur, requiring him to take appropriate criminal action against the fifth respondent under Section 177 of the Indian Penal Code.

4. The Sub Inspector of Police, District Crime Branch upon receipt of the information addressed the Judicial Magistrate, Thiruvarur, seeking permission to file a private complaint under Section 177 of the Indian Penal Code. That was returned by the Judicial Magistrate on the same day informing the Superintendent of Police that this being a case where Section 195 of the Code of Criminal Procedure, would stand attracted a complaint cannot be lodged by the Police Officials.

5. Upon return by the Magistrate, the Superintendent of Police wrote to the Project Director, Ta