A.Jaya, v. The State Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1574 of 2020 and W.M.P. Nos. 1838, 1840, 1843 and 1844 of 2020 A. Jaya ... Petitioner -vs1. The State Election Commissioner, For State of Tamil Nadu, Officer of the State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai.

2. The District Collector-cum-District Election Officer, District Collector Office, Tiruvannamalai District.

3. The Election Officer, Isukalikatteri Panchayat, District Collector Office Thiruvannamalai, Thiruvannamalai District.

4. Palani ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in Gcp-383-92-7,60,200-2-92016-(Hcl-9) dated 02.01.2020 on the file of the Third Respondent and quash the same as illegal, incompetent, without jurisdiction and further direct the Respondents to recount the votes polled for the election of Panchayat President Isukalikatteri Panchayat, Thiruvannamalai District. For Petitioners :

Mr. K. Tamilalagan For Respondents :

Mr. AR.L. Sundaresn, Senior Counsel assisted by Mr. B. Nedunchezhiyan, 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

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 Narayan, 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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(CS) //True Copy// Sub Assistant Registrar vjt To

1. The Tamil Nadu State Election Commissioner, Office of the State Election Commission, Jawaharlal Nehru Road, Jai Nagar,Koyambedu, Chennai.

2. The District Collector-cum-District Election Officer, District Collector Office, Tiruvannamalai District.

3. The Election Officer, Isukalikatteri Panchayat, District Collector Office Thiruvannamalai, Thiruvannamalai District.

+1cc to Mr.M.Murugananthan , Advocate SR.No. 6876 W.P. No. 1574 of 2020 A.SK(10/02/2020) https://hcservices.ecourts.gov.in/hcservices/