K.Dhanalakshmi v. Tamil Nadu State Eection

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2034 of 2020 and W.M.P. No. 2379 of 2020 K. Dhanalakshmi ... 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 and District Collector, Perambalur District, Perambalur.

3. The Returning Officer/Block Development Officer, Veppur Panchayat Union, Perambalur District.

4. Aandal ... 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 Respondent to recount the polled votes for the post of Ward Councillor - 3 of Veppur Village Panchayat, Perambalur District in the presence of the candidates and their agents with police protection and the entire counting process to be videographed and consequently direct the Third Respondent to declare the result of Ward Councillor - 3 of Veppur Village Panchayat.

For Petitioner :

Mr. K. Balu For Respondents:

Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1) https://hcservices.ecourts.gov.in/hcservices/

Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3)

O R D E R

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.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar(CS III) //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 and District Collector, Perambalur District, Perambalur.

3. The Returning Officer/Block Development Officer, Veppur Panchayat Union, Perambalur District.

+1cc to the Government Pleader Sr.10075 W.P. No. 2034 of 2020 nmI[co] srg 21/02/2020 https://hcservices.ecourts.gov.in/hcservices/