S.Sakthivel v. Tamilnadu State Election Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 705 of 2020 and W.M.P. No. 848 of 2020 S. Sakthivel ... Petitioner -vs1. Tamil Nadu Election Commission, Rep. by the State Election Commissioner, No. 208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer cum District Collector, Office of the District Collector, Cuddalore District.

3. The Returning Officer/The Block Development Officer, Office of the Block Development Officer, Veppur Taluk, Cuddalore District.

4. M. Maheswari ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First and Third Respondents to take action against the Fourth Respondent who concealed her original caste and direct them to prohibit her from acting as a Village Panchayat election for the post of Veppur Village Panchayat President, Nallur Village Panchayat Union, Cuddalore conducted by the First Respondent on the basis of the Petitioner's representation dated 12.12.2019.

For Petitioner : Mr. S. Kumara Devan For Respondents : Mr. B. Nedunchezhiyan, Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3) 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 and Third 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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-III) // True Copy// Sub Assistant Registrar vjt To

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

2. The District Election Officer cum District Collector, Office of the District Collector, Cuddalore District.

3. The Returning Officer/The Block Development Officer, Office of the Block Development Officer, Veppur Taluk, Cuddalore District.

+1cc to Government Pleader, SR.No.3233.

W.P. No. 705 of 2020 VSNII(CO) CSR: 24.01.2020 https://hcservices.ecourts.gov.in/hcservices/