[1]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[Price : Rs. 1.60 Paise.

No. 1]

CHENNAI, WEDNESDAY, JANUARY 2, 2019

Margazhi 18, Vilambi, Thiruvalluvar Aandu–2049

Part VI—Section 2

Notifications of interest to a section of the public

issued by Heads of Departments, etc.

DTP—VI-2 (1)

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages

Pages.

TAMIL NADU STATE ELECTION COMMISSION, CHENNAI

Elections - Rural and Urban Local Body Elections - Scrutiny of nominations - objections

lodged by the objectors in written at the time of scrutiny of nomination papers - Provision

of acknowledgement for objections - Orders - Issued.

2-4

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

TAMIL NADU STATE ELECTION COMMISSION, CHENNAI

ELECTIONS - RURAL AND URBAN LOCAL BODY ELECTIONS - SCRUTINY OF NOMINATIONS - OBJECTIONS

LODGED BY THE OBJECTORS IN WRITTEN AT THE TIME OF SCRUTINY OF NOMINATION PAPERS - PROVISION

OF ACKNOWLEDGEMENT FOR OBJECTIONS - ORDERS - ISSUED.

[S.O. No. 1/2018/TNSEC/PE-1]

No.VI(2)/1/2019.-WHEREAS, the superintendence, direction and control of all elections to the Panchayats

and Municipalities in the State are vested with the Tamil Nadu State Election Commission as per Article

243-K and 243-ZA of the Constitution of India;

WHEREAS, the Hon’ble Madurai Bench of Madras High Court in its Judgment, dated 1-8-2017

(pronounced on 15-12-2017) in WP (MD) No.2172 of 2017 has issued direction to the ﬁ rst respondent, Tamil Nadu State

Election Commission to include the provision in the concerned Assistant Returning Oﬃ cer/Returning Oﬃ cer’s Guide

and in the Candidate’s Guide so as to make it mandatory to provide acknowledgement and written order either

rejecting or accepting the objections to the candidates or their proposers or their authorised representatives

while making written objection at the time of scrutiny of nomination papers in the local body elections. The extract of

directions issued is as follows:

“... ...

...

8. However, the grievance of the petitioner that when objections are raised at the time of scrutiny,

the returning oﬃ cer must give a written acknowledgement deserves to be considered.

9. The learned Additional Government pleader produced a copy of the communication bearing

Rc.No.6519/2016/MP1, dated 28-09-2016 addressed by The Tamil Nadu State Election Commission to all

the District Election Oﬃ cers containing instructions for adherence by the returning oﬃ cers/assistant returning

oﬃ cers at the time of scrutiny of nominations. Though the instructions are fairly detailed and the importance

at the process of scrutiny has been rightly highlighted, we note that there is no provision mandating that

when an objection is raised it must be acknowledged in writing. If no acknowledgement is issued by the

returning oﬃ cer, one would be left without any means of verifying later when the issue comes up.

10. No doubt, objections can be raised at the time of scrutiny of nominations even orally. But when the

objection is lodged in writing, a proper acknowledgement must be issued. Only then it will be possible for the objector to

establish later during the election petition that he in fact raised the objection at the appropriate time. The objector can be

asked to lodge the original objection petition before the returning oﬃ cer and get an acknowledgement in his hand copy.

Since a varied number of situations can be encountered, it is for the ﬁ rst respondent to take them into account and issue

appropriate instructions in this regard. The petitioner has highlighted this important issue in these proceedings.

11. We direct the ﬁ rst respondent to issue a revised set of instructions with regard to scrutiny of nominations by

providing for acknowledgement by the returning oﬃ cer / returning oﬃ cers of rural / urban local bodies when written

objections are lodged at the time of scrutiny of nomination papers. Such instructions shall be issued before the notiﬁ cation

of the next local body elections. “

WHEREAS, consequent on the orders of the Hon’ble High Court, the Tamil Nadu State Election Commission has

sent necessary proposal to Government vide letter Rc.No.1233/2018/PE1, dated 07-03-2018 to amend sub-rule (2) of

rule 29 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and sub-rule (2) of rule 27 of the Tamil Nadu Town

Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 appropriately and are

awaited from Government.

AND WHEREAS, in compliance with the aforesaid orders of the Hon’ble High Court and in the absence of such

provisions in the laws governing election to the Panchayats and Municipalities, the Tamil Nadu State Election

Commission felt duty bound to issue Statutory Order in this regard till such amendments are made in the Tamil Nadu Panchayats

(Elections) Rules, 1995 and the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations

(Elections) Rules, 2006 as proposed by the Tamil Nadu State Election Commission.

Jan. 2, 2019]

TAMIL NADU GOVERNMENT GAZETTE

NOW, THEREFORE, in exercise of the powers conferred by Articles 243-K and 243- ZA of the Constitution

of India read with relevant Sections of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994),

Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), Madurai City Municipal Corporation

Act, 1971 (Tamil Nadu Act XV of 1971), Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act

XXV of 1981), Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), Tirunelveli City

Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), Salem City Municipal Corporation Act, 1994

(Tamil Nadu Act 29 of 1994), Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008), Erode

City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008), Vellore City Municipal Corporation Act, 2008

(Tamil Nadu Act 26 of 2008), Thoothukudi City Municipal Corportion Act, 2008 (Tamil Nadu Act 27 of 2008),

the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013), the Dindigul City

Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013) and the Tamil Nadu District Municipalities Act,

1920 (Tamil Nadu Act V of 1920) and rule 143 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 139

of the Tamil Nadu Town Panchayats, Third Grade Municipalites, Municipalities and Corporations (Elections)

Rules, 2006 and as directed by the Hon’ble High Court in its order dated 01.08.2017 and all other powers

enabling it in this behalf, the Tamil Nadu State Election Commission hereby makes the following order in

respect of conduct of elections for rural and urban local bodies in the State:

The Returning Oﬃ cer/Assistant Returning Oﬃ cer, as the case may be, when the objections are lodged by the

objectors in written at the time of scrutiny of nomination papers, shall acknowledge in the Form appended in the annexure. .

This order shall come into force with eﬀ ect from the date of this Order.

(By Order of the Tamil Nadu State Election Commission)

Chennai-600 106

T.S. RAJASEKAR.

7th December 2018.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE

[Part VI—Sec. 2

FORM

Acknowledgement for receipt of objections lodged by the objectors

in written at the time of scrutiny of nomination papers

Member / Councillor to Ward No. .................of the........................................................

Village Panchayat / Panchayat Union / District Panchayat / Town Panchayat /

Municipality / Corporation

Election of

President to the .............. ....................................... ....................Village Panchayat of

................................. Panchayat Union

Chairman / Mayor to the ............................................. Town Panchayat /Municipality /

Corporation

Received written objections from Thiru/Tmt./Selvi ..............................................................................

candidate / proposer / authorised representative of the ...........................................................................

election against the nomination ﬁ led by Thiru/Tmt./Selvi ......................................................., candidate

for the election of .........................................................................................

Date:

Place:

Seal

Returning Oﬃ cer / Assistant Returning Oﬃ cer

(By Order of the Tamil Nadu State Election Commission)

Chennai-600 106,

T.S. RAJASEKAR.

7th December 2018.

Secretary.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU