TAMIL  NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

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

GOVERNMENT  OF  TAMIL  NADU

[R. Dis. No. 197/2009.

2022

[Price: Re. 0.80 Paise.

No. 364]

CHENNAI, THURSDAY, JUNE 30,  2022

Aani 16, Subakiruthu, Thiruvalluvar Aandu–2053

Part VI—Section 2

Notifications or Orders of interest to a section of the public

issued by Heads of Departments, etc.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

VI-2 Ex.  (364)—1

[ 1 ]

TAMIL NADU STATE ELECTION COMMISSION, CHENNAI-600 106.

[ELECTIONS - URBAN LOCAL BODIES - DIRECT ELECTIONS - ELECTION OF COUNCILLOR OF PERIYAKULAM

MUNICIPALITY OF THENI DISTRICT - CONDUCT OF - NOTIFIED - DELETED.]

(S.O.No.76/2022/TNSEC/ME-I, dated the 30th June 2022)

Read:

1.

Letter No.565/2022/F1, dated 19.05.2022 of the Commissioner Periyakulam Municipality.

2.

Tamil Nadu State Election Commission notification in S.O.No. 35/2022/TNSEC/ME-I dated: 16.06.2022

published in the Tamil Nadu Government Gazette Extraordinary No.350, dated 20.06.2022.

3.

Orders of the Principal District Judge, Theni in I.A.No. 01/2022 in E.O.P. No.41/2022 dated: 23.6.2022

4.

From the Returning Officer/Commissioner, Periyakulam Municipality Letter No. 565/2022/F1, Dated: 30.06.2022

5.

From the District Election Officer/District Collector, Theni Letter No. 18517/2022/ஊ.வ.4 dated: 30.6.2022

No. VI(2)/66(c)/2022.

WHEREAS, Thiru.S.Raja Mohamed, Councillor of Ward No. 26 of Periyakulam Municipality, Theni District has been

disqualified to act as ward member and Vice Chairman of the said Municipality vide reference first read above, by the

Municipal Commissioner, Periyakulam;

WHEREAS, the Commissioner, Periyakulam Municipality, has stated in the reference 1st read above that consequent

on the above disqualification, the seat of ward member No. 26 and the office of Vice Chairman Periyakulam who was

holding, became vacant and also stated that there are no election petitions pending in any Court of law challenging

the said vacancy;

WHEREAS, the Tamil Nadu State Election Commission, inter-alia, notified casual elections to fill up the vacancy

of Ward No. 26 of Periyakulam Municipality, Theni District scheduled to be held on 9.7.2022 vide Notification Second

read above;

WHEREAS, the Election Process commenced and the process of the withdrawal of candidatures has been completed

as per the schedule of program of casual election notified in the Statutory Order in the reference 2nd read above;

2

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

ON  BEHALF  OF  THE  GOVERNMENT  OF  TAMIL  NADU

WHEREAS, in the meanwhile Thiru.S.Raja Mohamed, filed I. A. petition in E.O.P on the file of the Principal

District Judge Court, Theni in I.A.No.01/2022 in EL.O.P No 41/2022, under Section 51(A) of the Tamil Nadu District

Municipalities Act, 1920 to issue an order of Ad-interim injunction restraining the Respondents 1 to 3 from preventing him

from discharging his duty as Vice Chairman of Periyakulam Municipality, Theni District pending disposal of the petitions;

WHEREAS, Principal District Judge Court, Theni has ordered in the reference 3rd cited the following ;

“11. ……….This Court finds that the petitioner had established his prima facie right continue to function as

Vice Chairman of Periyakulam Municipality and therefore this Court restrains the Respondent 1 to 3 from

preventing the petitioner from discharging his duty as Vice Chairman Periyakulam Municipality, Theni District

for a period of 8 weeks. Notice to Respondent ordered. Private Notice is also permitted. Call on 18.8.2022…”

WHEREAS, the District Election Officer/District Collector, Theni has also reported the above facts in the reference

5th in this regard;

WHEREAS, a difficulty has thus arisen in conducting the election to Member of Ward No.26 of Periyakulam

Municipality on 9.7.2022 and it is, therefore, considered expedient to cancel the election of Ward No. 26 of Periyakulam

Municipality as it is not possible to complete the election process to the above said Ward as notified by the

Tamil Nadu State Election Commission;

AND WHEREAS, in view of the above orders of the Court of the Principal District Judge, Theni, in I.A.No.01/2022

in EL.O.P. No. 41/2022, dated: 23.6.2022, and to comply the Orders of the Court, the Tamil Nadu State Election

Commission has decided to cancel the election to elect the Councillor of Ward number 26 of Periyakulam Municipality,

Theni District, issued under reference 2nd read above;

NOW, THEREFORE, in exercise of the powers conferred under 139 of the Tamil Nadu Town Panchayats, Municipalities

and Corporations (Elections) Rules, 2006, read with rule 22 of the said Rule and section 27 of the Tamil Nadu District

Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Tamil Nadu State Election Commission hereby issue the following

amendment to S.O.No.35/2022/TNSEC/ME-I, dated 16.6.2022 published in Gazette No.350, published as Notification

No. VI(2)/59/(b-1)/2022 at pages 1 to 2 in Part VI—Section 2 of the Tamil Nadu Government Gazette Extraordinary

dated 20.06.2022 and orders that all the election proceedings of the Returning Officer and Assistant Returning Officer

for the election of said ward in pursuance of rules 23 to 29 of the Tamil Nadu Town Panchayats, Municipalities and

Corporations (Elections) Rules, 2006, so far as it relates to the above Ward No. 26 be held as null and void.

Amendment

In the said Notification,

in the Annexure, in the Table, under the heading Municipal Councillor, Sl.No. 2 of the table and the entries relating

thereto shall be deleted.

K. VIVEKANANDAN,

Chennai-106,

Secretary.

30th June 2022

Tamil Nadu State Election Commission.