A.Manilatha v. The State Election Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4252 of 2020 A. Manilatha ... Petitioner -vs1. The State Election Commission, Rep. by the Election Commissioner, 100 Feet Road, Jawaharlal Nehru Salai, Vadapalani, Chennai - 600 026.

2. The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Rural Development and Panchayat, Fort St. George, Chennai - 600 009.

3. The Returning Officer (Elections), A. Pallipatti Village Panchayat, Ward - 8, Pappireddipatti Panchayat Union, Dharmapuri District - 636 905.

4. K. Dhanasekaran ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the result of the Fourth Respondent as illegal, invalid, unconstitutional and to set aside his candidature for wilful suppression of material particulars and mandatory disclosure.

For Petitioner :

Mr. Johnson Christopher 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.

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vjt To

1. The State Election Commissioner, 100 Feet Road, Jawaharlal Nehru Salai, Vadapalani, Chennai - 600 026.

2. The Principal Secretary to the Government of Tamil Nadu, Department of Rural Development and Panchayat, Fort St. George, Chennai - 600 009.

3. The Returning Officer (Elections), A. Pallipatti Village Panchayat, Ward - 8, Pappireddipatti Panchayat Union, Dharmapuri District - 636 905.

+1cc to Mr. Johnson Christopher, Advocate, SR.No.15380. +1cc to Government Pleader, SR.No.15152.

W.P. No. 4252 of 2020 SSD(CO) CSR: 05.03.2020