E.Budha Selvi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2030 of 2020 and W.M.P. No. 2408 of 2020 E. Budha Selvi ... Petitioner -vs1.The State of Tamil Nadu Rep. by the Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600106.

2.The District Election Officer-cum District Collector, Thiruvallur District, Thiruvallur.

3.The Block Development Officer cum Returning Officer, Ekkadu Panchayat Union, Thiruvallur Taluk, Thiruvallur District.

4.Sundari ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents First to Third to take appropriate action to declare the election of the Fourth Respondent for the post of 4th Ward Member in Aranvoyal Village Panchayat, Ekkadu Panchayat Union, Thiruvallur Taluk and District and to disqualify based on the representation of the Petitioner date 17.12.2019 and the communication of the First Respondent dated 21.12.2019.

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)

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.

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 To 1.The Election Commissioner, The State of Tamil Nadu, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600106.

2.The District Election Officer-cum District Collector, Thiruvallur District, Thiruvallur.

3.The Block Development Officer cum Returning Officer, Ekkadu Panchayat Union, Thiruvallur Taluk, Thiruvallur District.

+1cc to M/s.C.Prabakaran, Advocate Sr.8919 W.P. No. 2030 of 2020 and W.M.P. No. 2408 of 2020 vsn Ii[co] srg 12/02/2020