Madras High CourtWP(MD)/268/2020dismissed

Kumar v. The Chief Electoral Officer

2020-01-07Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

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 and W.M.P.(MD) No.187 of 2020 Kumar ... Petitioner -vs1.The Chief Electoral Officer Public (Elections) Department State of Tamilnadu Fort St.George, Secretariat Chennai-600 009 2.Tamilnadu State Election Commission rep.by Tamilnadu State Election Commissioner Arumbakkam, Chennai 3.The District Election Officer / District Collector Office of the District Collector Madurai District 4.The Assistant Election Officer / Block Development Officer Madurai East Tallakulam Madurai 5.The Superintendent of Police Office of the Superintendent of Police Madurai District 6.The Inspector of Police Othakadai Police Station Madurai 7.Surya Begam @ Sathya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration to declare the selection of 1/3

the respondent No.7 as Kodikulam Panchayat Ward Councilor in 8th Ward, Kodikulam Panchayat, Y.Othakadai, Madurai is null and void, consequently declare the petitioner as Panchayat Ward Councilor in 8th Ward of Kodikulam Panchayat, Y.Othakadai, Madurai, in accordance with law, within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.Raja Karthikeyan for R2 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R1, R3 to R6

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 selection of the seventh respondent as Kodikulam Panchayat Ward Councilor in 8th Ward, Kodikulam Panchayat, Y.Othakadai, Madurai, as null and void and consequently, to declare him as Panchayat Ward Councilor in 8th Ward of Kodikulam Panchayat, Y.Othakadai, Madurai, in accordance with law, within the time stipulated by this Court.

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 (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

To:

1.The Chief Electoral Officer, Public (Elections) Department, State of Tamilnadu, Fort St.George, Secretariat, Chennai-600 009.

2.The District Election Officer / District Collector, Office of the District Collector, Madurai District.

3.The Assistant Election Officer / Block Development Officer, Madurai East, Tallakulam, Madurai.

4.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

5.The Inspector of Police, Othakadai Police Station, Madurai.

+1 CC to M/s.Special Govt.Pleader ( SR-976[F] dated 09/01/2020 ) +1 CC to M/s.RAJA,KARTHIKEYAN, Advocate ( SR-1073[F] 09/01/2020 ) +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-601[F] dated 07/01/2020 ) and W.M.P.(MD) No.187 of 2020 07.01.2020 krk SDS(22.01.2020) 3P-9C 3/3