S.Nithyanandam v. The State Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2178 of 2020 and W.M.P. No. 2549 of 2020 S. Nithyanandam ... Petitioner -vs1. The State Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai.

2. The Election Officer cum Block Development Officer for Village Panchayat/Ward Councilors, Gudimangalam Panchayat Union, Tiruppur District.

3. Venkatesan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to enquire into the veracity of ballot sheets which polled on 30.12.2019 and unused ballot sheets and consequently direct the First Respondent to recount the votes for the post of President of Vadugapalaym Panchayat, Gudimangalam Block, Udumalpet Taluk, Tiruppur District. For Petitioner :Mr. N. Umapathi 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) 1/2 https://hcservices.ecourts.gov.in/hcservices/

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 vjt To

1. The State Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai.

2. The Election Officer cum Block Development Officer for Village Panchayat/Ward Councilors, Gudimangalam Panchayat Union, Tiruppur District.

+1 cc to M/s.N.Umapathi Advocate sr9753 +1 cc to the Government Pleader sr10074 W.P. No. 2178 of 2020 jp(co) aa19/02/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/