Madras High CourtWP/26149/2021dismissed

S.Mala v. Tamil Nadu Election Commission

2022-02-11Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.26149 of 2021 and W.M.P.No.27601 of 2021 S.Mala

...Petitioner

vs 1.Tamil Nadu Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106.

2.The District Election Officer / The District Collector, Chengalpet District Chengalpet - 603 001.

3.The Returning Officer / The Block Development Officer, St.Thomas Mount Block Chittalapakkam, Chennai 600 064.

4.The Commissioner of Police Greater Chennai City, Vepery, Chennai.

5.The Assistant Commissioner of Police Madipakkam Range, Madipakkam Chennai - 600 091.

6.The Inspector of Police S10, Pallikkaranai Police Station Medavakkam, Chennai - 600 100.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent dated 08.11.2021 and quash the same and direct the 3rd respondent to recount the votes in fair and just manner.

For the Petitioner :

Mr.R.N.Amarnath for Mr.K.S.Guruprasadh

For the Respondents :

Mr.S.Sivashanmugam Standing Counsel - for R1 Mr.P.Muthukumar State Government Pleader - for R2 to R6

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The writ petition has been filed to seek a direction on the third respondent to recount the votes in the Medavakkam Village Panchayat election.

2. Any challenge to the election is not permissible in writ jurisdiction rather it can be adjudicated by filing an election petition. Thereby, we cannot entertain the writ petition and issue a direction as sought for by the petitioner as there is a bar under Article 243O of the Constitution of India. Accordingly, the writ petition fails and it is dismissed. No costs. Consequently, W.M.P.No.27601 of 2021 is also dismissed. Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar KST To:

1.Tamil Nadu Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106.