Selvi v. The Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31 of 2020 and W.M.P. No. 37 of 2020 Selvi ... Petitioner Vs.

1.The Chief Election Commissioner Office of the Tamilnadu Election Commission Chennai - 600 106.

2. The District Collector Thiruvannamalai District.

3. The District Election Officer Tiruvannamalai District.

4. The Assistant Election Officer Thalaiyampallam Village Panchayat Thiruvannamalai Panchayat Union.

5. Mrs.Andal ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified mandamus, calling for the record of the Assistant Returning Officer, Thalaiyampallam Village Panchayat, Thiruvannamalai Union, i.e. The 4th Respondent herein culminating in memorandum dated 17.12.2019 in which the 4th Respondent improperly accepted the nomination of the 5th Respondent and quash the same and further direct the 4th Respondent not to declare the result of the 5th Respondent in the event of her winning in the Panchayat elections held on 27.12.2019 for the Thalaiyampallam Village Panchayat. For Petitioner :

Mr. K. Balakrishnan For Respondents:

Mr. B.Neduchezhiyan (For R1) Mr. V.Jayaprakash Narayanan (For R2 to R4) Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent and Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second to Fourth Respondents.

2.

When it is pointed out by the Learned Standing Counsel appearing for the First Respondent that the Petitioner has got an effective alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has also made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar maya/vjt To 1.The Chief Election Commissioner Office of the Tamilnadu Election Commission Chennai - 600 106.

2. The District Collector Thiruvannamalai District.

3. The District Election Officer Tiruvannamalai District.

4. The Assistant Election Officer Thalaiyampallam Village Panchayat Thiruvannamalai Panchayat Union.

+1cc to Mr.K.Bala krishnan , Advocate SR.No. 427 +1cc to Mr.B.Nedunchezhian , Advocate SR.No. 1487 W.P. No. 31 of 2019 A.SK(06/02/2020) https://hcservices.ecourts.gov.in/hcservices/