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. 1.60 Paise.

No. 457]

CHENNAI, WEDNESDAY, SEPTEMBER 21, 2022

Purattasi 4, Subakiruthu, Thiruvalluvar Aandu–2053

Part VI—Section 2

Notifi cations 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. (457)—1

[ 1 ]

TAMIL NADU STATE ELECTION COMMISSION, CHENNAI - 106.

[ELECTIONS – URBAN LOCAL BODIES - ORDINARY ELECTIONS – ELECTION OF WARD MEMBERS OF KADAMBUR

TOWN PANCHAYAT OF THOOTHUKUDI DISTRICT - CONDUCT OF - NOTIFIED].

(S.O.No. 79/2022/TNSEC/ME-1, 20th September 2022)

Rඍඉඌ:

1. This Commission’s S.O. No.5/2022/ME1 dated 26.1.2022.

2. This Commission’s S.O. No.19/2022/ME1 dated 07.2.2022

3. Order of the Hon’ble High Court of Madras, dated 05.08.2022 in W.P (MD) Nos.3131,

3132 and 3133 of 2022 fi led by Thiru. S.V.S.P. Nagaraja, Tmt. Rajeshwari and

Thiru. V. Siva Kumar.

No. VI(2)/98(a)/2022.

WHEREAS, the Tamil Nadu State Election Commission, inter-alia, notifi ed the Schedule of Programme of Election

to Kadambur Town Panchayat, Thoothukudi District scheduled to be held on 19.2.2022 vide Notifi cation fi rst read above;

WHEREAS, as per the Schedule of Programme of Election, the last date for making nominations was completed

on 4.2.2022 and the date of scrutiny of nominations was held on 5.2.2022;

WHEREAS, during the process of election, the District Election Offi cer/District Collector, Thoothukudi District, due

to prevailing situation, recommended the Tamil Nadu State Election Commission to cancel the election and the Election

Observer, Thoothukudi District, also recommended to cancel the existing electoral process, by agreeing the report of the

District Election Offi cer/District Collector, Thoothukudi District. Based on which, the Tamil Nadu State Election Commission

has issued orders, vide reference second read above, by cancelling all the proceedings of the Returning Offi cer and

the Assistant Returning Offi cers of Kadambur Town Panchayat, Thoothukudi District.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

WHEREAS, aggrieved over the orders of cancellation, the contesting candidates Thiru. S.V.S.P. Nagaraja

and two others have fi led Writ Petitions in the Hon’ble High Court of Madras; WHEREAS, after hearing

the arguments, the Hon’ble High Court of Madras has, in its order third read above, quashed the

order and directed as follows:-

“ xxx xxx xxx

17. In the Result :

(i)

The Writ Petitions are allowed and the impugned order stands quashed;

(ii)

The petitioners shall be treated as unopposed in respect of the three wards namely,

Ward Nos. 1, 2 and 11 and shall be notifi ed as having been elected unopposed

in accordance with law;

(iii)

It will be open for the respondents to notify the date for election in respect of

the other wards in respect of the Kadambur Town Panchayat based on the already

existing valid nominations and complete the election expeditiously in any event not

later than a period of two months from the date of receipt of copy of the order”.

WHEREAS, in view of the above orders of the Hon’ble High Court of Madras and to comply the orders of the

Court, the Tamil Nadu State Election Commission has decided to issue notifi cation with regard to the election of the

above Writ Petitioners, i.e., the contesting candidates, as having been elected unopposed in accordance with law in

respect of Ward No. 1, 2 and 11 of Kadambur Town Panchayat and the date of elections also to elect the ward

members in respect of other wards of Kadambur Town Panchayat, Thoothukudi District;

WHEREAS, the District Election Offi cer/District Collector, Thoothukudi in his Letter No. வ/10-27535/2021 dated:

12/9/2022 has now stated that as per the schedule of programme of election of the Tamil Nadu State Election Commission

fi rst read above, totally 33 nominations were received upto the last date of making nominations i.e., 4.2.2022 for the

elections to all the 12 wards of Kadambur Town Panchayat, Thoothukudi District, of which, 6 nominations were rejected

and list of validly nominated candidates in Form 6 for the elections to Ward No. 1 to Ward No. 12 was published by

the Returning Offi cer concerned;

WHEREAS, the District Election Offi cer/District Collector, Thoothukudi District further stated that, on the day

of withdrawal, i.e., 7.2.2022, one nomination fi led by a candidate in Ward No. 9 has been withdrawn and the same

was affi xed in the notice board of the Offi ce of the Kadambur Town Panchayat by the Assistant Returning Offi cer in

Form 8 on the same day;

WHEREAS, the District Election Offi cer/District Collector, Thoothukudi District has also stated that in respect of

Ward No. 1, Ward No. 2 and Ward No. 11, only one candidate’s nomination for each ward is found valid and that

on the same day, a distinctive symbol to each contesting candidate assigned to the remaining 23 candidates in respect

of other nine (9) wards and the same was informed to them with proper acknowledgement and supplied with a

specimen thereof and further also stated that, due to prevailed extra-ordinary situation, the list of contesting candidates in

Form 9 has not been completed and not published as per sub-rule (4) of Rule 33 of the Tamil Nadu Town Panchayats,

Municipalities and Corporations (Elections) Rules, 2006;

NOW, THEREFORE, as ordered by the Hon’ble High Court of Madras in the reference third read above, for the

purpose of fi lling up of ordinary vacancies, the Tamil Nadu State Election Commission,-

(i) directs the Returning Offi cer of Kadambur Town Panchayat to publish and notify the contesting candidates, i.e.,

the Writ Petitioners (1) Thiru. S.V.S.P. Nagaraja, S/o. Thiru. S.V.S. Pandian, (2) Tmt. Rajeshwari, W/o. Thiru. Nagaraja

and (3) Thiru. V. Siva Kumar S/o. Thiru. Vellapandian as having been elected unopposed in accordance with law,

in respect of wards namely Ward No. 1, 2 and 11 respectively;

(ii) in exercise of the powers conferred under sub-section (1) of Section 43-B of the Tamil Nadu District Municipalities

Act, 1920 (Tamil Nadu Act V of 1920) and rule 22 and 139 of the Tamil Nadu Town Panchayats, Municipalities and

Corporations (Elections) Rules, 2006, directs the Returning Offi cer of Kadambur Town Panchayat in respect of the other

Wards (Ward No. 3,4,5,6,7,8,9,10,12) of Kadambur Town Panchayat, Thoothukudi District, to publish the day so appointed

and to commence the election proceedings in pursuance of sub rule (4) of Rule 33 of the said Rules and complete

the process of election in accordance with law and that the Tamil Nadu State Election Commission hereby calls upon

the electors of the said wards of Kadambur Town Panchayat to elect their respective Ward Members, in accordance

with the following programme of election:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

PROGRAMME OF ELECTION

1.

Date of Poll

29.9.2022

7.00 a.m. to 5.00 p.m.

2.

Date of commencement of counting of votes

1.10.2022

8.00 a.m.

3.

Date before which the election shall be completed

3.10.2022

4.

Date on which the fi rst meeting of the newly

elected Ward Members shall be held for

assumption of offi ce by taking oath or affi rmation

10.10.2022

5.

Date on which the meeting of the Ward Members

shall be held for the election of Chairman/

Vice Chairman.

12.10.2022

(By Order of the Tamil Nadu State Election Commission)

Chennai-106,

K. VIVEKANANDAN,

21st September 2022.

Secretary,

Tamil Nadu State Election Commission.