Madras High CourtWP(MD)/3736/2022withdrawn dismissed

T.Rahumathulla v. The State Election Commissioner

2022-03-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD).No.3736 of 2022 and W.M.P.(MD).Nos.3258 and 3261 of 2022 T.Rahumathulla, S/o.Thangal Meeran ..Petitioner Vs.

1. The State Election Commissioner, Office of the State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai - 600 106.

2. The District Collector, Office of the Collectorate, Madurai.

3. The Returning Officer/Executing Officer, Office of the Returning Officer/Executing Officer, Elumalai Town Panchayat, Madurai.

4. S.Bakrudeen, S/o.Sindhamathar ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent in Na.Ka.No.44/2021, dated 22.02.2022 and quash the same and consequently, declare the election of the 4th respondent as the member of 15th Ward of Elumalai Town Panchayat, Madurai District as null and void. For petitioner : Mr.S.Ramsundarvijayraj For Respondent-1 : Mr.S.Sivashanmugam, Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

For Respondents 2 and 3 : Mr.R.Shunmugasundaram, Advocate General assisted by Mr.P.Muthukumar, State Government Pleader

ORDER

(The Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioner prays and is granted permission to withdraw the Writ petition with liberty to take the remedy of Election Petition to challenge the election. The Writ Petition is dismissed as withdrawn with the said liberty. Consequently, the connected miscellaneous petitions are closed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar cs To

1. The State Election Commissioner, Office of the State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai - 600 106.

2. The District Collector, Office of the Collectorate, Madurai.

3. The Returning Officer/Executing Officer, Office of the Returning Officer/Executing Officer, Elumalai Town Panchayat, Madurai.

W.P.(MD).No.3736 of 2022 SPD(CO) SP(08/03/2022) https://hcservices.ecourts.gov.in/hcservices/