In case of tie, continue to draw lots: Madras High Court

Court said petitioner faced draw of lots and upon failing, challenged the very rule

Published: 15th February 2020 05:46 AM  |   Last Updated: 15th February 2020 05:46 AM   |  A+A-

Madras HC

Madras High Court building. (File Photo | EPS)

By Express News Service

CHENNAI: The first bench of Madras High Court has upheld a rule, which provided for draw of lots in case of tie in the matter relating to election of president and vice-president to Panchayat Unions. The bench of Chief Justice AP Sahi and Justice Subramonium Prasad, which upheld the Rule, however, observed that it is for the Legislature to decide its continuation.

“The question as to whether there can be an alternative method to resolve the dispute, is for the legislature to decide and not for the Court to suggest,” the bench said, on February 11. It was dismissing a writ petition from K Devadass, who sought to declare Rule 67(1)(c) of Tamil Nadu Panchayats (Elections) Rules, 1995, as null and void and consequently to set aside the election of M Kalaivani as the president of Adaiyur Village Panchayat in Tiruvannamalai, which was announced on January 2.

The bench pointed out that in this case, the petitioner himself took a chance of facing the draw of lots and having failed to secure the same in his favour, has now challenged the very rule that provides for the same.

“This challenge has been raised after elections. It could have given rise to an election dispute to be raised before an appropriate forum, but since the vires of the Rule itself has been questioned and that was the only challenge raised, we find no merit in the contention,” the bench said.
 

Stay up to date on all the latest Tamil Nadu news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp