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Madras High CourtWP/4976/2022withdrawn dismissed

S.Mohamed Abbas v. The Tamil Nadu State Election Commission

2022-03-04Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.4976 of 2022 S.Mohamed Abbas .. Petitioner Vs

1. The Tamil Nadu State Election Commission, rep. by the State Election Commissioner, 208/2, Jawaharlal Nehru Road, (Opp. to Koyambedu Bus Terminus), Arumbakkam, Chennai - 600 106.

2. The Returning Officer, Local Body Elections, Greater Chennai Corporation, Ribbon Building, Chennai-600 003.

3. The Assistant Returning Officer, Zone-VII, Ambattur Zonal Office, No.536, Chennai-Thiruvallur High Road, Ambattur, Chennai-600 053.

4. M.Kamal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st and 2nd respondents to direct the third respondent to recount the votes in Ward No.86 in Greater Chennai Corporation election polled on 19.02.2022 and the results declared on 22.02.2022 by considering the petitioner's representation dated 23.02.2022. For the Petitioner : Mr.G.Anandaraj For the Respondents : Mr.S.Sivashanmugam Standing Counsel for respondent No.1 https://hcservices.ecourts.gov.in/hcservices/

: Mr.R.Shunmugasundaram Advocate-General assisted by Mrs.Karthikaa Ashok Standing Counsel for respondent Nos.2 and 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to take the remedy of election petition to challenge the election.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, W.M.P.No.5105 of 2022 is closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar bbr To:

1. The State Election Commissioner, Tamil Nadu State Election Commission, 208/2, Jawaharlal Nehru Road, (Opp. to Koyambedu Bus Terminus), Arumbakkam, Chennai - 600 106.

2. The Returning Officer, Local Body Elections, Greater Chennai Corporation, Ribbon Building, Chennai-600 003.

3. The Assistant Returning Officer, Zone-VII, Ambattur Zonal Office, No.536, Chennai-Thiruvallur High Road, Ambattur, Chennai-600 053. +2ccs to Mr.G.Anandaraj, Advocate SR. No. 14724 +1cc to M/s.Karthikaa Ashok, Advocate SR. No.14472 +1cc to Government Pleader SR. No.15016 W.P.No.4976 of 2022 NRL (CO) PR (14/03/2022) https://hcservices.ecourts.gov.in/hcservices/