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Judgment
S. Manikumar, CJ
Challenging rejection of nomination for election to Kainakari Grama Panchayat, writ petitions have been filed.
After considering the rival contentions and decisions of the Hon'ble Supreme Court in Mohinder Singh Gill and Another v. The Chief Election
Commissioner, New Delhi [AIR 1978 SC 851], Manda Jaganath v. K.S. Rathnam and Others [AIR 2004 SC 3600], Election Commission of India v.
Ashok Kumar [(2000) 8 SCC 216] and N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem District [AIR 1952 SC
64], writ court held that writ petitions are not maintainable and accordingly, dismissed the same. Being aggrieved, writ petitioner in W.P.(C). No.25768
of 2020 has filed instant appeal.
Though Mr. C.S. Manu, learned counsel for the appellant made submissions on the grounds raised and sought for reversal of the judgment, we find
no error in the judgment. That apart, election is over and elected representatives have taken charge of respective offices. Even taking grant that
impugned judgment is set aside, the position that could be to restored is to upheld the candidature of the appellant. As elections are already over and
elected representatives assumed respective offices, the only course open to the appellant is to challenge the election, if he so decides. There is no
error in the finding, warranting interference. Writ appeal is dismissed.