S.Sethuraman v. The Tamil Nadu State Election Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) Nos.148 & 149 of 2020 S.Sethuraman ... Petitioner -vs1.The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Koyambedu Chennai-600 106 2.The District Collector Office of the District Collector Virudhunagar District 3.The Election Officer / Block Development Officer Virudhunagar District 4.Kajamaidheen Panthe Navab Election Officer / Block Development Officer Virudhunagar District 5.Nalla Mohammed ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring the Form 25 in favour of the fifth respondent dated 02.01.2020 issued on 03.01.2020 as null and void and consequently direct the respondent to re-do the counting by taking into account the postal ballot papers. For Petitioner : Mr.M.Vallinayagam, Senior Counsel assisted by Mr.J.Anandkumar 1/3

For Respondents : Mr.AR.L.Sundaresan, Senior Counsel assisted by Mr.Raja Karthikeyan for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 & R3

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 declaration to declare the Form-25, dated 02.01.2020, issued in favour of the fifth respondent on 03.01.2020, as null and void and consequently, to direct the respondents to re-do the counting by taking into account the postal ballot papers.

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 (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Koyambedu, Chennai-600 106 2.The District Collector, Office of the District Collector, Virudhunagar District.

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3.The Election Officer / Block Development Officer, Virudhunagar District.

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-1248[F] dated 09/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-1568[F] dated 10/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1616[F] dated 13/01/2020 ) and W.M.P.(MD) Nos.148 & 149 of 2020 09.01.2020 JMN(24.01.2020) 3P : 7C 3/3