Madras High CourtWP(MD)/250/2020dismissed

S.Karnan v. The Chief Election Commissioner

2020-01-07Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

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 and W.M.P(MD)No.167 of 2020 S.Karnan ... Petitioner Vs.

1.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opposite to CMBT, Arumbakkam, Chennai - 600 106.

2.The District Election Officer - cum - District Collector, Dindigul District, Dindigul.

3.The Returning Officer - cum - Block Development Officer, Oddanchatram Panchayat Union, Oddanchatram Taluk, Dindigul District.

4.Kannan, The Block Development Officer, Oddanchatram Panchayat Union, Oddanchatram Taluk, Dindigul District.

5.K.Panneerselvam ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to take action against the fourth respondent and the other erring officers who are responsible for malpractice at counting place and by declaring the elections results of Sinthalavadampatti Village Panchayat President as null and void and by directing the respondents to call for the fresh election by considering the petitioner's representation dated 04.01.2020 within the time frame fixed by this Court.

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For Petitioner : Mr.S.Manikandan 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 & R.3 * * * * *

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 1 and 2 to take action against the fourth respondent and the other erring officers who are responsible for malpractice at counting place and by declaring the elections results of Sinthalavadampatti Village Panchayat President as null and void and by directing the respondents to call for the fresh election by considering the representation dated 04.01.2020.

2. Since the petitioner has filed the writ petition without exhausting the alternative remedy available to him under Section 258 of the Tamil Nadu Panchayats Act, 1994, the writ petition cannot be entertained. That apart, the issues involved in the present writ petition are matter for evidence and the same cannot be decided in the writ petition.

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 () // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opposite to CMBT, Arumbakkam, Chennai - 600 106.

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2.The District Election Officer - cum - District Collector, Dindigul District, Dindigul.

3.The Returning Officer - cum - Block Development Officer, Oddanchatram Panchayat Union, Oddanchatram Taluk, Dindigul District.

+1 CC to Mr.RAJA,KARTHIKEYAN, Advocate ( SR-1070[F]dated 09/01/2020 ) +1 CC to Mr.S.MANIKANDAN, Advocate ( SR-1245[F] dated 09/01/2020 ) and W.M.P(MD)No.167 of 2020 07.01.2020 VB(22.01.2020) 3P 6C 3/3