P.Kathavarayan v. State Election Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2796 of 2020 and W.M.P. Nos. 3239 and 3240 of 2020 P. Kathavarayan ... Petitioner -vs1. State Election Commission, Rep. by its Secretary, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai, Tamil Nadu - 600 106.

2. The District Collector, Salem District, Salem.

3. The Block Development Officer and Returning Officer, Vazhapadi Block, Salem District.

4. P. Patchaimuthu ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the election process of counting the votes in respect of the post of Panchayat President, V. Mannarpalayam Village Panchayat, Vazhappadi Taluk, Salem District is concerned is void and illegal and consequently direct the Respondents to conduct fresh election. For Petitioner :

Mr. A.V. Arun 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 Petitions are closed. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vjt To 1.The Secretary, State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai, Tamil Nadu - 600 106.

2.The District Collector, Salem District, Salem.

3.The Block Development Officer and Returning Officer, Vazhapadi Block, Salem District.

+1cc to the Government Pleader SR.10063 W.P. No. 2796 of 2020 MG(CO) CB(24/02/2020) https://hcservices.ecourts.gov.in/hcservices/