Madras High CourtWP(MD)/230/2020dismissed

P.Perumayee v. The State Chief Election Officer

2020-01-07Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.230 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.230 of 2020 and W.M.P(MD)No.142 of 2020 P.Perumayee ... Petitioner Vs.

1.The State Chief Election Officer, State Election Commission, Government of Tamil Nadu, Jawaharlal Nehru Road, Jainagar, Koyembedu, Chennai.

2.The District Election Officer / District Collector, Dindigul District.

3.The Election Officer / Block Development Officer (Village Panchayat), Batlagundu, Dindigul District.

4.P.Muthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to recount the votes for the post of Councilor of Ward No.6, Batlagundu Union Council, Dindigul District based on the petitioner's representation dated 02.01.2020 within a time frame fixed by this Court.

For Petitioner : Mr.V.Selva For R - 1 : Mr.K.Chellapandian, Additional Advocate General.

For RR 2 & 3 : Mr.VR.Shanmuganathan, Special Government Pleader.

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 to 3 to recount the votes for the post of Councilor of Ward No.6, Batlagundu Union Council, Dindigul District based on the representation dated 02.01.2020.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.230 of 2020 2.Though the petitioner has got alternate remedy by way of an Election Petition under Section 258 of the Tamil Nadu Panchayat Act, 1994, the petitioner has filed the Writ Petition under Article 226 of the Constitution of India seeking for the relief as mentioned above.

3.Since the petitioner has approached this Court without exhausting the alternate remedy, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The State Chief Election Officer, State Election Commission, Government of Tamil Nadu, Jawaharlal Nehru Road, Jainagar, Koyembedu, Chennai.

2.The District Election Officer / District Collector, Dindigul District.

3.The Election Officer / Block Development Officer (Village Panchayat), Batlagundu, Dindigul District.

+1 CC to MR.V.SELVA, Advocate ( SR-596[F] dated 07/01/2020 ) +1 CC to SPL.GP ( SR-1057[F] dated 09/01/2020 ) W.P(MD)No.230 of 2020 07.01.2020 KM/(22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2