D.Ramani v. The Tamil Nadu State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2622 of 2020 and W.M.P. Nos. 3043 and 3045 of 2020 D. Ramani ... Petitioner -vs1. The Tamil Nadu State Election Commission, Rep. by its Secretary, No. 208/2, Jawharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer, 1st Floor, Collectorate, Thiruvallur - 602 001.

3. The Returning Officer, For the election to the post of Ward Member in Minjur Union, Thiruvallur District.

4. M.K. Thamin Shah ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to conduct the enquiry cum investigation and pass final order in the Complaint dated 03.01.2020 in accordance with law and pass appropriate orders with time frame fixed by this Court and direct the Second Respondent to produce the polled ballot papers in the 5th Ward in Minjur Union, Thiruvallur District.

For Petitioner :

Mr. P. Dhayananad 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 and R3) 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 Petitions are closed. No costs. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vjt To

1. The Secretary, Tamil Nadu State Election Commission, No. 208/2, Jawharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer, 1st Floor, Collectorate, Thiruvallur - 602 001.

3. The Returning Officer, For the election to the post of Ward Member in Minjur Union, Thiruvallur District.

+1cc to Government Pleader, SR.No.10059.

W.P. No. 2622 of 2020 JP(CO) CSR: 19.02.2020 https://hcservices.ecourts.gov.in/hcservices/