Jeyakodi v. The Chief Election Commissioner

W.P.(MD) No.255 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.255 of 2020 and W.M.P.(MD) No.171 of 2020 Jeyakodi ... Petitioner -vs1.The Chief Election Commissioner Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road Arumbakkam, Chennai-600 106 2.The District Collector Ramanathapuram District Ramanathapuram 3.The Assistant Election Commissioner & Returning Officer Ramanathapuram 4.Arasammal ... 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 in the election to the post of Village Panchayat President of Komboothi Village Panchayat, Ramanathapuram District, in a fair manner.

For Petitioner : Mr.R.Maheswaran 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.255 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 in the election to the post of Village Panchayat President of Komboothi Village Panchayat, Ramanathapuram District, in a fair manner.

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

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Assistant Election Commissioner & Returning Officer, Ramanathapuram.

+1 CC to M/s.Special Govt.Pleader ( SR-973[F] dated 09/01/2020 ) +1 CC to M/s.RAJA,KARTHIKEYAN, Advocate ( SR-1069[F] 09/01/2020 ) +1 CC to M/s.R.MAHESHWARAN, Advocate ( SR-1141[F] dated 09/01/2020 ) W.P.(MD) No.255 of 2020 and W.M.P.(MD) No.171 of 2020 07.01.2020 krk SDS(23.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2