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Madras High CourtWP/5870/2020dismissed

R.Vasudevan v. The State Election Commissioner

2020-03-06Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.03.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.5870 of 2020 R. Vasudevan

...Petitioner

-vs1. The State Election Commissioner, Tamil Nadu State Election Commission, Chennai - 600 106.

2. The Returning Officer/Election Officer, Nannailam Union, Tiruvarur District.

3. Senthilkumar

...Respondents

Prayer : Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to recount the votes in election held on 30.12.2019 for panchayat president Thirumiyachoor village, Nannilam Union, Thiruvarur District in the presence of any other returning officer and declare the results by following the provisions of the Tamil Nadu Panchayat Election Rules scrupulously pursuant to the petitioner representation dated 09.01.2020.

For Petitioner :

Mr.K.Karuppaiya Mooppanar For Respondent :

Mr.B. Nedunchezhian [R1] Mr.V. Jayaprakash Narayanan Government Pleader [R2]

O R D E R

Heard Mr.K.Karuppaiya Mooppanar, the learned counsel appearing for the petitioner and Mr.B.Nedunchezhian, the learned counsel, who accepts notice for the first respondent and Mr.V.Jayaprakash Narayan, the learned Government Pleader, who accepts notice for the second respondent.

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2. With the consent, the Writ Petition is taken up for final disposal.

3. This writ petition has been filed by the petitioner to direct the 1st and 2nd respondents to recount the votes in election held on 30.12.2019 for Panchayat President Thirumiyachoor village, Nannilam Union, Thiruvarur District in the presence of any other returning officer and declare the results by following the provisions of the Tamil Nadu Panchayat Election Rules scrupulously pursuant to the petitioner's representation dated 09.01.2020.

4. The relief sought for by the petitioner in this writ petition cannot be granted because the election is already over and the result has already been announced.

Thus the writ petition is dismissed and it is open to the petitioner to avail the remedy provided under the Tamil Nadu Panchayats Act, 1994. No costs.

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

1. The State Election Commissioner, Tamil Nadu State Election Commission, Chennai - 600 106.

2. The Returning Officer/Election Officer, Nannailam Union, Tiruvarur District.

+1cc to the Government Pleader, S.R.No.20199 W.P.No.5870 of 2020 RN(03/06/2020) https://hcservices.ecourts.gov.in/hcservices/