D.Kalpana v. The State Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3302 of 2020 D. Kalphana ... Petitioner -vs1. The State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai.

2. The Election Officer cum Assistant Project Officer (Women Welfare), Gudimangalam Panchayat Union, Tiruppur District.

3. Murali ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to consider the representation of the Petitioner dated 11.01.2020 for recounting of votes in respect of election to the post of Gudimangalam Union Councilor particularly in respect of Ward No. 9 related to Gudimangalam Union vide Booth No. 91 and 100 in the presence of the First Respondent which may be monitored by the retired District Judge as may be appointed by this Court.

For Petitioner :

Mr. N. Umapathi For Respondents:

Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2)

O R D E R

When it is pointed out by the Learned Standing 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, https://hcservices.ecourts.gov.in/hcservices/

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vjt To

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

2. The Election Officer cum Assistant Project Officer (Women Welfare), Gudimangalam Panchayat Union, Tiruppur District.

+1 cc to Government Pleader Sr.No. 11417 W.P. No. 3302 of 2020 A.SK(19/02/2020) https://hcservices.ecourts.gov.in/hcservices/