Madras High CourtWP(MD)/257/2020dismissed

V.Ramu v. The State Chief Election Officer

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

W.P.(MD) No.257 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.257 of 2020 and W.M.P.(MD) No.175 of 2020 V.Ramu ... Petitioner -vs1.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 Sivagangai District 3.The Election Officer Block Development Officer Manamadurai Panchayat Union Sivagangai District 4.Murugesan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to recount the votes polled on 30.12.2019 for the post of Councilor of Ward No.12 of Manamadurai Panchayat Union, Sivagangai District and to declare the results by considering the petitioner's representation dated 04.01.2020.

For Petitioner : Mr.J.Lawrance 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.257 of 2020

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 to 3 to recount the votes polled on 30.12.2019 for the post of Councilor of Ward No.12 of Manamadurai Panchayat Union, Sivagangai District and to declare the results, by considering his representation dated 04.01.2020.

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

1.The District Election Officer / District Collector, Sivagangai District.

2.The Election Officer, Block Development Officer, Manamadurai Panchayat Union, Sivagangai District. +1 CC to M/s.J.LAWRENCE, Advocate ( SR-602[F] dated 07/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-930[F] 08/01/2020 ) +1 CC to M/s.Special Govt.Pleader ( SR-1053[F] dated 09/01/2020 ) W.P.(MD) No.257 of 2020 and W.M.P.(MD) No.175 of 2020 07.01.2020 krk SDS(22.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2