Shanthi v. The Chief Electoral Officer
W.P(MD)No.181 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.181 of 2020 and W.M.P(MD)No.116 of 2020 Shanthi ... Petitioner Vs.
1.The Chief Electoral Officer, Public (Elections) Department, State of Tamil Nadu, Fort St. George,Secretariat, Chennai - 600 009.
2.Tamil Nadu State Election Commission, represented by Tamil Nadu State Election Commissioner, Arumbakkam,Chennai.
3.The District Collector / District Election Officer, Dindigul, Dindigul District.
4.The Assistant Election Officer, Office of the Assistant Election Officer, Nilakottai Union, Dindigul District.
5.The Assistant Inspector of Elections, Nilakottai Union, Dindigul District.
6.Sudha ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration to declare the election for the Panchayat Ward Member post of the fifth Ward of Silukuvarpatti Panchayat, Nilakottai, Dindigul District, as null and void and consequently, direct the respondents to conduct re-election for the Ward Member post of the fifth Ward of Silukuvarpatti Panchayat, Nilakottai, Dindigul District, in a transparent manner and in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.1, R.3 to R.5 Mr.Raja Karthikeyan for R.2 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.181 of 2020
ORDER
[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a writ of declaration to declare the election for the Panchayat Ward Member post of the fifth Ward of Silukuvarpatti Panchayat, Nilakottai, Dindigul District, as null and void and consequently, direct the respondents to conduct re-election for the Ward Member post.
2. The petitioner has filed the writ petition without exhausting alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. When the petitioner has got alternative remedy, she should exhaust the same. Further the issue involved in the present writ petition is a matter for evidence and therefore, the proper Forum to grant relief to the petitioner is only the District under Section 258 of the Tamil Nadu Panchayats Act, 1994.
3. In such view of the matter, we are not inclined to entertain the writ petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The Chief Electoral Officer, Public (Elections) Department, State of Tamil Nadu,Fort St. George, Secretariat, Chennai - 600 009.
2.The State Election Commissioner, Tamil Nadu State Election Commission, Arumbakkam,Chennai.
3.The District Collector / District Election Officer, Dindigul,Dindigul District.
4.The Assistant Election Officer, Office of the Assistant Election Officer, Nilakottai Union,Dindigul District.
5.The Assistant Inspector of Elections, Nilakottai Union,Dindigul District.
+1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-622[F] dated 07/01/2020 +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-600[F] dated 07/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1058[F] dated 09/01/2020 ) W.P(MD)No.181 of 2020 and W.M.P(MD)No.116 of 2020 SMA / 21.01.2020/2P/9C 07.01.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2