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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14737 OF 2024 (@ SLP(C) No.27275/2024)
M DEVI APPELLANT(S)
VERSUS
A PIRIYADARSHINI & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The issue that arises for consideration is as to whether the
Court of first instance (Election Tribunal) after the judgment
of the Division Bench of the High Court which held that the
Returning Officer has become functus officio once the Form 25
was issued to the Appellant at the first instance, can go into
the subsequent action taken by her or not.
3. Though, arguments have been made at length by both sides, we
are inclined to set aside the impugned judgment on the sole
premise that the contention raised has already been dealt with
by the Division Bench of the High Court and the same has
attained finality inter se the parties in Writ Petition (MD)
No.183/2020 filed before the Madurai Bench of the Madras High
Court, who are also the same parties in the present appeal. We
only record the following paragraphs-
“21. In a Democratic Country like, India, the
people expect the officials to remain neutral.
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Once Form 25 Certificate is issued, the
Returning Officer becomes functus officio and
she has no power to entertain any application
for recount as per Rule 66 of the Tamil Nadu
Panchayats (Election) Rules, 1995 w...