P.Palanijothi v. The District Election Officer/ The District Collector
W.P.(MD) No.256 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.256 of 2020 and W.M.P.(MD) No.174 of 2020 P.Palanijothi ... Petitioner -vs1.The District Election Officer / The District Collector Ramanathapuram District 2.The Block Development Officer Block Development Office Thiruppulanni Ramanathapuram District 3.Udayakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 herein to order for recounting of votes for the election to the post of President of Village in Mallal Panchayat, Thiruppullani Panchayat Union, Ramanathapuram District, based on the petitioner's representation dated 04.01.2020. For Petitioner : Mr.D.Anbarasu For Respondents: Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R1 & R2
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 mandamus directing the respondents 1 and 2 to recount the votes polled in the election to the post of Village Panchayat President of Mallal Panchayat, Thiruppullani Panchayat Union, Ramanathapuram District, based on her representation dated 04.01.2020.
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W.P.(MD) No.256 of 2020
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 petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The District Election Officer / The District Collector, Ramanathapuram District.
2.The Block Development Officer, Block Development Office, Thiruppulanni, Ramanathapuram District.
+1 CC to SPL.GP ( SR-974[F] dated 09/01/2020 ) +1 CC to MR.RAJA,KARTHIKEYAN, Advocate ( SR-1071[F] dated 09/01/2020 ) +1 CC to MR.D.ANBARASU, Advocate ( SR-640[F] dated 08/01/2020 ) W.P.(MD) No.256 of 2020 and W.M.P.(MD) No.174 of 2020 07.01.2020 KM/(22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2