P.Bakkiyaraj v. The Tamil Nadu State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1117 of 2020 and W.M.P. Nos. 1343 and 1344 of 2020 P. Bakkiyaraj ... 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 Kurinjipadi Panchayat Union Ward Member, Ward No. 3, Kurinjipaid Panchayat Union, Cuddalore District.

4. S. Nataraj ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First to Third Respondents to re-count the votes in respect of the post of Kurinjipaid Panchayat Union Ward Member, Ward No. 3, Kurinjipadi Panchayat Union, Cuddalore District within a reasonable time to be fixed by this Court. For Petitioner :

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

1. The 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 Kurinjipadi Panchayat Union Ward Member, Ward No. 3, Kurinjipaid Panchayat Union, Cuddalore District.

+1cc to Mr.A.Gopinath, Advocate Sr.5250 W.P. No. 1117 of 2020 srg 11/02/2020 https://hcservices.ecourts.gov.in/hcservices/