R.Sengalvarayan v. The Tamil Nadu Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 716 of 2020 and W.M.P. Nos. 866, 868 and 869 of 2020 R. Sengalvarayan ... Petitioner -vs1. The Tamil Nadu Election Commissioner, 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.

2. The District Collector, Office of the District Collector, Manjakuppam, Cuddalore - 607 001.

3. The Election Officer/Block Development Officer, Sathiyavadi Panchayat Union, Virudhachalam Taluk, Cuddalore District.

4. T. Velmurugan

5. B. Selvaganapathi ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the announcement of the Third Respondent declaring the Fourth Respondent as elected President of Sathiyavadi Village Panchayat, Sathiyavadi Panchayat Union, Virudhachalam Taluk, Cuddalore District is null and void and unconstitutional and against the Tamil Nadu Panchayat Act and Tamil Nadu Panchayat Electio Rules and order recounting of votes in above panchayat union.

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For Petitioner :

Mr. A.S. Baalaji For Respondents :

Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3) Mr. T. Chezhiyan (for R4)

O R D E R

When it is pointed out by the Learned Senior 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.

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vjt To

1. The Tamil Nadu Election Commissioner, 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.

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2. The District Collector, Office of the District Collector, Manjakuppam, Cuddalore - 607 001.

3. The Election Officer/Block Development Officer, Sathiyavadi Panchayat Union, Virudhachalam Taluk, Cuddalore District.

+1cc to the Government Pleader sr10035 +1cc to M/s.A.S.Balaji Advocate sr9729 W.P. No. 716 of 2020 jp(co) aa19/02/2020 3/3