M.Madhu v. The Chief 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. 3304 of 2020 M.Madhu ... Petitioner Vs.

1. The Chief Election Commissioner O/o. State Election Commission Chennai, Tamil Nadu.

2. The Returning Officer, (The District Collector) Krishnagiri District.

3. The Assistant Returning Officer (Local Body Election) Block Development Officer Thali Union Krishnakiri District.

4. Mrs.Kalavathi ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the Respondents 2 and 3 to recounting the votes polled in the Booth No.199 and 200 in Salivaram Panchayat Election, Krishnakiri District in pursuant to the Petitioner representation dated 09.01.2020.

For Petitioner :

Mr. R.Manimaran For Respondents:

Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3)

O R D E R

Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent and Mr. V.Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second and Third Respondents.

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2.

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, 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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-III) //True Copy// Sub Assistant Registrar maya To

1. The Chief Election Commissioner O/o. State Election Commission Chennai, Tamil Nadu.

2. The Returning Officer, (The District Collector) Krishnagiri District.

3. The Assistant Returning Officer (Local Body Election) Block Development Officer Thali Union Krishnakiri District.

W.P. No. 3304 of 2020 AD(CO) GN(17/02/2020) https://hcservices.ecourts.gov.in/hcservices/