J.Manjula v. The Returning Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2171 of 2020 and W.M.P. No. 2544 of 2020 J. Manjula ... Petitioner -vs1. The Returning Officer, Office of the Returning Officer, Kalasapakkam Taluk, Kalasapakkam Thiruvannamalai District.

2. The District Election Officer Cum District Collector Office of the Collectorate, Vengikal, Thiruvannamalai, Thiruvannamalai District.

3. The Tamilnadu State Election Commissioner, State Election Commission, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai - 600 106.

4.J. Panchalai ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, to declare the Ernamangalam Village Panchayat President Election result 2019, published on 08.01.2020 as null and void and consequently direct the Respondents First to Third to declare that the Petitioner is elected as unopposed for the post of Ernamangalam Village Panchayat President for the Election - 2019. For Petitioner :

Mr. S. Arokia Maniraj For Respondents:

Mr. V. Jayaprakash Narayanan, Government Pleader (for R1 and R2)

Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R3)

O R D E R

Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the First and Second Respondents and Mr. AR.L. Sundaresan, Learned Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the Third Respondent.

2.

When it is pointed out by the Learned Senior Counsel appearing for the Third 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar dm To

1. The Returning Officer, Office of the Returning Officer, Kalasapakkam Taluk, Kalasapakkam Thiruvannamalai District.

2. The District Election Officer Cum District Collector Office of the Collectorate, Vengikal, Thiruvannamalai, Thiruvannamalai District.

3. The Tamilnadu State Election Commissioner, State Election Commission, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai - 600 106.

+1 CC to Mr.S. Arokia Maniraj, Advocate sr 8271. +1 CC to Govt. Pleader sr 8655.

W.P. No. 2171 of 2020 and W.M.P. No. 2544 of 2020 JP(CO) SP(14/02/2020)