G.Jayarani v. The Tamil Nadu State Election Commission,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 657 of 2020 and W.M.P. Nos. 782 and 796 of 2020 G.Jayarani ... Petitioner -vs1. The Tamil Nadu State Election Commission, Rep. by its Secretary, No.208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer, Cuddalore District.

3. The Returning Officer, For the election to the post of Vadakku Vellore Village Panchayat President Kammapuram Panchayat Union, Cuddalore District.

4.Malarvizhi ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents First to Third to re-count the votes in respect of the post of Village Panchayat President of Vadakku Vellore Village Panchayat in Kammapuram Panchayat Union at Cuddalore District based on the Petitioner's representation dated 03.01.2020 within a reasonable time to be fixed by this Court.

For Petitioner :

Mr. K. Gandhi Kumar 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)

O R D E R

Mr. AR.L. Sundaresan, Learned Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent, Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second and Third Respondents.

2.

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.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

1. Secretary, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer, Cuddalore District.

3. The Returning Officer, For the election to the post of Vadakku Vellore Village Panchayat President Kammapuram Panchayat Union, Cuddalore District.

+1 CC to Mr.K. Gandhi Kumar, advocate sr 7624. +1 CC to Mr.N. Senthil Kumar, advocate sr 7486. +1 Cc to Govt. Pleader sr 8654.

W.P. No. 657 of 2020 and W.M.P. Nos. 782 and 796 of 2020 JP(CO) SP(14/02/2020)