M. Subramani vs K. Palanisamy

K. Raviraja Pandian

The revision is filed under Article 227 of the Constitution of India against the order dated 2.4.2002 made in the injunction application in I.A.No.

41 of 2002 said to have been pending in the election petition in O.P.No.58 of 2002 on the file of the Principal District Judge, Namakkal.

The petitioner seems to have filed an election petition in O.P.No.58 of 2002 against the respondent for the relief of declaration that the election

of the respondent as President of Goundampalayam Panchayat, Rasipuram Taluk is null and void and further to declare the petitioner herein as the

President of the Goundampalayam Panchayat on the ground that the respondent by adopting corrupt practices and illegal means secured two votes

more than the votes secured by the petitioner in the election held on 16.10.2001 for the office of President. Along with the election petition, the

petitioner filed the application for injunction. Though several adjournments were granted, the respondent is not filing counter to the injunction

application. The matter has been adjourned periodically and no order has been passed in the injunction application. Pending the election

application, the present revision petition has been filed invoking the supervisory provision of this Court under Article 227 of the Constitution of

India to grant an order of injunction.

Learned counsel for the petitioner very fairly submitted that the prayer of injunction cannot be granted at this stage pending the election petition

since the respondent has been declared as the elected President. However the trial Court may be directed to dispose of the election petition within

a reasonable time. If the election application is not disposed of, the very purpose of filing election petition would be frustrated by efflux of time.

Though the respondent has engaged a counsel after receiving notice from this Court, there is no representation on behalf of the respondent.

Having heard the matter for some time and also having regard to the arguments made by the learned counsel appearing for the petitioner, I am of

the opinion that there cannot be any impediment on the part of this Court to grant the relief as prayed for by the learned counsel for the petitioner.

Hence while dismissing the Civil Revision Petition, the trial Court is directed to dispose of the election petition in O.P.No.58 of 2002 as

expeditiously as possible preferably within a period of 12 weeks from the date of receipt of this order, if the election petition is otherwise ready for

disposal.

With this observation, the revision petition is dismissed. Consequently the connected C.M.P is also dismissed. No costs.