C.R.P.(MD) No.125 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on

09.06.2023

Pronounced on

30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

C.R.P.(MD) No.125 of 2023

and C.M.P.(MD) No.369 of 2023

P.Baby

... Petitioner

Vs.

1.B.Bharanitharan

2.The District Election Officer /

District Collector, Karur.

3.Assistant Returning Officer/

Block Development Officer,

Karur Panchayat Union.

... Respondents

Civil Revision Petition filed under Article 227 of the Constitution

of India, to set aside the order dated 19.10.2022 in Election O.P.No.20 of

2020 on the file of the Principal District Judge, Karur.

For Petitioner

: Mr.P.M.Vishnu Vardhan

for Mr.R.Mathiyalagan

For R2 & R3

: Mr.S.Kameswaran

Government Advocate

R1

: Party-in-person

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C.R.P.(MD) No.125 of 2023

O R D E R

The petitioner is aggrieved by the impugned order dated

19.10.2022, passed by the learned Principal District Judge, Karur, in

Election O.P.No.20 of 2020. Election O.P.No.20 of 2020 was filed by the

first respondent herein as voter seeking to countermand and declare the

election of the petitioner as null and void.

2. By the impugned order dated 19.10.2022 the learned Principal

District Judge, Karur has allowed Election O.P.No.20 of 2020, filed by the

first respondent seeking to declare the election of the petitioner as null

and void with the following observations:-

“ The contention raised by the 1^st respondent that the

failure to disclose her assets in the nomination form is not

a willful one and it was happened accidently and

negligently.The above said contention cannot be accepted

in view of the law declined by the Honourable Supreme

Court in Union of India Vs. Association for Democratic

Reforms and another. Therefore, the petitioner has

established that the petitioner being a voter in ward No.5

of Thirukattuthurai Village Panchayat of Karur Union is

entitled to know about the assets of the 1^st respondent.

Therefore, this Court is of firm opinion that the failure to

disclose the assets of the 1^st respondent is amounts to

undue influence and consequently to corrupt practice.

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C.R.P.(MD) No.125 of 2023

Therefore, in fine, the petitioner has established the case

against the 1^st respondent. Hence, the point No.1 is

answered accordingly.”

3. The petitioner herein had contested to the post of 5^th Ward

Councilor of Thirukattuthurai Village Panchayat of Karur Union. The

petitioner had filed her nomination on 14.12.2019. No other nominations

were received. Therefore, the petitioner was elected unopposed and the

results were declared on 02.01.2020.

4. After the petitioner was declared as the 5^th Ward Councilor of

Thirukattuthurai Village Panchayat, Karur Union, the first respondent

herein filed Election O.P.No.20 of 2020 stating that the petitioner had

resorted to corrupt practices. Specifically, it was averred that the

petitioner had made incorrect declaration in the nomination filed on

14.12.2019.

5. Specifically, it was stated that the petitioner had failed to give the

particulars of the property purchased by her on 26.02.2014, which

attracted Section 259(b) and (d) (i) and (iv) of the Tamil Nadu Panchayats

Act, 1994.

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C.R.P.(MD) No.125 of 2023

6. It is the specific case of the petitioner that in the impugned order,

the learned Principal District Judge, Karur, has failed to note that the

petitioner has not resorted to any corrupt practices within the meaning of

Section 260 of the Tamil Nadu Panchayats Act, 1994.

7. That apart, it is submitted that the failure to declare the details of

the property purchased by the petitioner on 26.02.2014 was inadvertent

and did not amount to any corrupt practice.

8. It is therefore