V.Venkatachalam, v. The State Election Commission,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 828 of 2020 and W.M.P. No. 999 of 2020 V. Venkatachalam ... Petitioner -vs1. The State Election Commission, Rep, by its Election Commissioner, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The Director of Rural Development and Panchayat Raj, Panagal Maaligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.

3. The District Election Office/the District Collector, Salem District, Salem.

4. The Returning Officer, Veerapandi Panchayat Union, Veerapandi, Salem District.

Salem.

5. K. Veeramani @ Mani ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the Respondents 1 to 4 from permitting the 5th Respondent to cast his vote in the indirect election for the Post of Vice-President of Veerapandi Panchayat Union, Veerapandi, Salem District, scheduled on 11.01.2020 and consequently direct the Respondents 1 to 4 to declare the 5th Respondent as a disqualified candidate for the Post of 7th Ward Councillor of Veerapandi Panchayat Union, Veerapandi, Salem District.

For Petitioner : Mr. K. Selvaraj For Respondents: Mr. AR.L. Sundaresan, Senior Counsel for B. Nedunchezhiyan, Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 to R4)

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 to Fourth Respondents.

2.

When it is pointed out by the Learned Counsel appearing for the Respondents 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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(Insp.cell) //True copy// Sub Assistant Registrar kv To

1. The State Election Commission, Rep, by its Election Commissioner, Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The Director of Rural Development and Panchayat Raj, Panagal Maaligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.

3. The District Election Office/the District Collector, Salem District, Salem.

4. The Returning Officer, Veerapandi Panchayat Union, Veerapandi, Salem District.

Salem.

+1cc to Mr.K. Selvaraj, Advocate SR.No.3421 +1cc to Government Pleader SR.No.3905 W.P. No. 828 of 2020 JP(CO) GMY(13/02/2020)