Kaliyaperumal vs The Returning Officer, Block Development Officer, The District Election Officer

M. Jaichandren, J.—No representation for the Petitioner.

Paragraph 3 of the counter affidavit, filed by the first Respondent reads as follows:

It is respectfully submitted that the Tamil Nadu State Election Commission has issued a notification, dated 09.01.07 to conduct casual election in

respect of the certain village Panchayats including Manambady Panchayat for the purpose of filling up of ordinary and casual vacancies in the office

of the ward members and Presidents of Village Panchayats. Pursuant to the said notification, the election for Panchayat President of Manambady

Village Panchayat was conducted on 08.02.2007 and one Israel who is the son of the deceased candidate Francis has been elected and declared

as Panchayat President. In view of the casual election conducted on 08.02.2007, the present writ petition seeking the Respondent to declare the

Petitioner as Panchayat President and to forbear us from conducting fresh election, become infructuous and therefore the present writ petition is

liable to be dismissed as infructuous and devoid of merits.

In view of the above mentioned, paragraph 3 of the counter affidavit filed by the first Respondent, the writ petition is dismissed as infructuous.

Consequently, connected Miscellaneous Petition is closed. No costs.