Kavery v. The Tamil Nadu State Election Commissioner
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) Nos.178 & 179 of 2020 Kavery ... Petitioner -vs1.The Tamilnadu State Election Commissioner The Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road Opposite to CMBT, Arumbakkam Chennai-600 106 2.The District Election Officer / The District Collector Election for the post of Village Panchayat President Collectorate, Karur District, Karur 3.The Assistant Election Officer / The Deputy Block Development Officer Panchayat Union Office, Kulithalai Karur District 4.Sumathi ...
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the second respondent declaring the fourth respondent as the successful candidate in the election held for the post of Village Panchayat President of Vaigainallur Village Panchayat of Kulithalai Panchayat Union, Karur District and quash the same and direct the respondent Nos.1 to 3 to recount the votes polled in the election for the post of Village Panchayat President of Vaigainallur Village Panchayat of Kulithalai Panchayat Union, Karur District, held on 30.12.2019.
For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.Raja Karthikeyan for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 & R3 1/3
O R D E R
[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus to call for the records of the second respondent declaring the fourth respondent as the successful candidate in the election held for the post of Village Panchayat President of Vaigainallur Village Panchayat of Kulithalai Panchayat Union, Karur District, to quash the same and to direct the respondents 1 to 3 to recount the votes polled in the election for the post of Village Panchayat President of Vaigainallur Village Panchayat of Kulithalai Panchayat Union, Karur District, held on 30.12.2019.
2. The petitioner has got alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. Instead of filing election petition, the petitioner has approached this Court by filing a writ petition under Article 226 of the Constitution of India. That apart, the issues involved in the present writ petition are the matter of evidence, which cannot be decided in a writ jurisdiction. In these circumstances, we are not inclined to entertain the writ petition.
3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) krk To:
1.The District Election Officer / The District Collector, Election for the post of Village Panchayat President, Collectorate, Karur District, Karur.
2.The Assistant Election Officer / The Deputy Block Development Officer, Panchayat Union Office, Kulithalai, Karur District.
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3. The Tamilnadu State Election Commissioner The Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road Opposite to CMBT, Arumbakkam Chennai-600 106 +1 CC to Mr.T.M.MADASAMY, Advocate ( SR-1028[F] dated 09/01/2020 ) +1 CC to Mr.RAJA.KARTHIKEYAN, Advocate ( SR-937[F] dated 08/01/2020 ) +1 CC to SPL.GP ( SR-1050[F] dated 09/01/2020 ) and W.M.P.(MD) Nos.178 & 179 of 2020 07.01.2020 MK (22.01.2020) 3P 7C 3/3