M.Malaiselvi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P(MD)No.169 of 2020 M.Malaiselvi ... Petitioner Vs.
1.The State of Tamil Nadu, represented by The Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.
2.The District Election Officer - cum - District Collector, Virudhunagar District, Virudhunagar.
3.The Assistant Director of Panchayats/Returning Officer, Rural Development Office, Virudhunagar District.
4.The Assistant Election Officer - cum - Block Development Officer, Narikudi Panchayat Union, Narikudi, Virudhunagar District.
5.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
6.Pandialakshmi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to recount the votes for the post of Panchayat President in Sethupuram Village, Narikudi Taluk, Virudhunagar District, based on the petitioner's representation dated 03.01.2020 within the time stipulated by this Court.
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For Petitioner : Mr.J.Senthil Kumar For Respondents : Mr.Raja Karthikeyan for R.1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.2 to R.5
ORDER
[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to recount the votes for the post of Panchayat President in Sethupuram Village, Narikudi Taluk, Virudhunagar District, based on the petitioner's representation dated 03.01.2020.
2. The petitioner has filed the writ petition without exhausting alternative remedy available to her under under Section 258 of the Tamil Nadu Panchayats Act, 1994.
3. Since the petitioner has not exhausted alternative remedy and filed the writ petition directly, 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 // True Copy // / /2020 Sub Assistant Registrar(CS ) ssl To 1.The Election Commissioner, State of Tamil Nadu, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.
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2.The District Election Officer - cum - District Collector, Virudhunagar District, Virudhunagar.
3.The Assistant Director of Panchayats/Returning Officer, Rural Development Office, Virudhunagar District.
4.The Assistant Election Officer - cum - Block Development Officer, Narikudi Panchayat Union, Narikudi, Virudhunagar District.
5.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
+1 CC to Mr.RAJA.KARTHIKEYAN, Advocate ( SR-625[F] dated 07/01/2020 ) +1 CC to SPL.GP ( SR-715[F] dated 08/01/2020 ) +1 CC to Mr.J.SENTHILKUMAR, Advocate ( SR-783[F] dated 08/01/2020 ) and W.M.P(MD)No.169 of 2020 06.01.2020 MK (22.01.2020) 3P 9C 3/3