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Madras High CourtWP/25629/2021withdrawn dismissed

S.Arjunan v. The Tamil Nadu State Election Commission

2021-12-03Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.25629 of 2021 S.Arjunan .. 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 District Collector, Villupuram District, Villupuram.

3. The Returning Officer, Marakanam Panchayat Union, Marakanam, Villupuram district.

4. Saravanan, Assistant Director of Agriculture, Agriculture Department, Tindivanam as Returning Officer, Marakanam Panchayat Union, Marakanam, Villupuram District.

5. The Block Development Officer, Marakanam Panchayat Union, Marakanam, Villupuram District.

6. Jagadeesan, Block Development Officer, Marakanam Panchayat Union, Marakanam, Villupuram District.

7. R.Dayalan

8. Palani

9. Senji K.S.Masthan, Minister for Minority Development, Thalapathi Illam, Desurpattai, Senji.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration, declaring the election of the 7th respondent as Chairman and 8th respondent as ViceChairman of Marakanam Panchayat Union as declared by the 3rd respondent on 22.11.2021 as arbitrary, illegal and unjust and fraudulent and direct the 3rd respondent to forthwith recount the votes which were polled on 22.11.2021 and declare the petitioner as the elected Chairman of the Marakanam Panchayat Union and conduct a fresh election for the office of the Vice-Chairman of Markanam Panchayat Union.

For the Petitioner : Mr.AR.L.Sundaresan Senior Counsel for Ms.AL.Ganthimathi For the Respondents : Mr.S.Siva Shanmugam for respondent No.1 : Mr.P.Muthukumar State Government Pleader for respondents 2 to 4

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to file an election petition challenging the election.

In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.Nos.27058 and 27061 of 2021 are closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar

sasi 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 District Collector, Villupuram District, Villupuram.

3. The Returning Officer, Marakanam Panchayat Union, Marakanam, Villupuram district.

4. The Block Development Officer, Marakanam Panchayat Union, Marakanam, Villupuram District.

+1cc to M/s. AL.Gandhimathi Advocate SR. No.63671 W.P.No.25629 of 2021 RP (CO) PR (09/12/2021)