C.Arivazhagan, v. The State Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.689 of 2020 and W.M.P.No.821 of 2020 C.Arivazhagan ... Petitioner -vs1. The State Election Commissioner, Local Body Election, 100 Feet Road, Opposite : Koyambedu Bus Stand, Koyambedu, Chennai.

2. The Returning Officer / Block Development Officer, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District.

3. The Assistant Election Officer, Pennagaram Panchayat Union, Pennagaram, Pennagaram Taluk, Dharmapuri District.

4. A.Sekar ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to conduct enquiry and recount the votes in so far relates to Chinnampalli Village Panchayat President, Pennagaram Panchayat Union, Dharmapuri District and declare the result. For Petitioner :

Mr.C.Prakasam 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.C.Mahendran (for R4)

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 and Mr. C. Mahendran, Learned Counsel takes notice for the Fourth Respondent.

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dm To

1. The State Election Commissioner, Local Body Election, 100 Feet Road, Opposite : Koyambedu Bus Stand, Koyambedu, Chennai.

2. The Returning Officer / Block Development Officer, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District.

3. The Assistant Election Officer, Pennagaram Panchayat Union, Pennagaram, Pennagaram Taluk, Dharmapuri District.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.7876 +1cc to the Government Pleader, S.R.No.8648 W.P.No.689 of 2020 and W.M.P.No.821 of 2020 GP(CO) CS/12/02/2020

31.01.2020