R.Ganaesan v. The Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 764 of 2020 R. Ganaesan ... Petitioner -vs1. The Chief Election Commissioner, Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The District Election Officer/District Collector, Thiruvannamalai District.

3. The Returning Officer, Tamil Nadu Local Body Elections 2019, Se Andapattu Village, Thandarapattu Taluk, Thiruvannamalai District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First and Second Respondents to re-count the votes in all the wards of Se Andapattu Village, Thandarampattu Taluk, Thiruvannamalai.

For Petitioner :

Mr. S. Sivaraman 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) https://hcservices.ecourts.gov.in/hcservices/

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vjt To

1. The Chief Election Commissioner, Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The District Election Officer/District Collector, Thiruvannamalai District.

3. The Returning Officer, Tamil Nadu Local Body Elections 2019, Se Andapattu Village, Thandarapattu Taluk, Thiruvannamalai District.

W.P. No. 764 of 2020 JP(CO) CB(11/02/2020) https://hcservices.ecourts.gov.in/hcservices/