HC orders against Tiruvarur dt collectors since 2023 for inaction against panchayat member

Cleared - mani

Chennai: Madras high court on Friday directed the Tamil Nadu chief secretary to initiate action against those who held the post of Tiruvarur district collector since March 2, 2023, for failing to take action against a panchayat ward member who had filed a false affidavit during the election to the civic body.

Every candidate who contests in an election, irrespective of their election, is liable to be prosecuted for suppressing information in their affidavits, a division bench of Justice R Subramanian and Justice G Arul Murugan said.

The court also censured the Tamil Nadu State Election Commission (TNSEC) for submitting that only the govt officials concerned could pursue complaints of filing false affidavits by candidates. "This is a classic case where due to official apathy, a person who filed false information in an election affidavit not only completed his tenure but also escaped any consequence of criminal action," the bench said.

The issue pertains to a plea moved by D Sarathbabu. According to the petitioner, he lodged a complaint with the TNSEC in August 2021, alleging that district panchayat member S Papa Subramaniyan filed a false affidavit suppressing facts about the wealth owned by him and his family. The commission forwarded the complaint to the collector. An inquiry was conducted, and it was found that the district panchayat member suppressed details about his wealth in the election affidavit.

Seven months after the inquiry, a report was sent to the district SP to initiate criminal prosecution. The police submitted that for offences under Section 177 (furnishing false information to a public servant) of IPC, a complaint should be filed only by the returning officer concerned before the jurisdictional judicial magistrate. However, the TNSEC submitted that once the election is completed, such complaints could only be forwarded to the govt officials concerned.

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