P.Arjunan v. The Tamil Nadu State Election Commission

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.154 of 2020 P.Arjunan ... Petitioner Vs.

1.The Tamil Nadu State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2.The District Election Officer cum District Collector, Collecotrate Building, Virudhunagar District.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Block Development Officer, Kariyapatti Union Office, Virudhunagar District.

5.Vasudevan ... 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 to 4 to recount the votes for the post of Panchayat President in Thulukkankulam Village, Sennilakudi Post, Kariyapatti Taluk, Virudhunagar District, based on the petitioner's representation dated 03.01.2020 within the time frame as fixed by this Court.

For Petitioner : Mr.A.Balaji 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.4 1/3

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 to 4 to recount the votes for the post of Panchayat President in Thulukkankulam Village, Sennilakudi Post, Kariyapatti 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 him 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 Tamil Nadu State Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2.The District Election Officer cum District Collector, Collecotrate Building, Virudhunagar District.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Block Development Officer, Kariyapatti Union Office, Virudhunagar District. 2/3

+1 CC to Mr.RAJA.KARTHIKEYAN, Advocate ( SR-627[F] dated 07/01/2020 ) +1 CC to Mr.A.BALAJI, Advocate ( SR-548[F] dated 07/01/2020 ) +1 CC to SPL.GP ( SR-718[F] dated 08/01/2020 ) and W.M.P(MD)No.154 of 2020 06.01.2020 MK (21.01.2020) 3P 8C 3/3