M.Chinnathai v. The Tamil Nadu State Election Commissioner
W.P.(MD) No.264 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.264 of 2020 and W.M.P.(MD) No.181 of 2020 M.Chinnathai ... Petitioner -vs1.The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Koyambedu, Chennai-600 106 2.The District Collector Office of the District Collector Theni District Theni 3.The Election Officer Block Development Officer Periyakulam Panchayat Union Theni District 4.Geetha ... 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 accept the petitioner's candidature for the post of President in the G.Kallupatti Village, Periyakulam Panchayat Union, Theni District by re-counting the votes of the G.Kallupatti Village, Periyakulam Panchayat Union, Theni District, based on the representation of the petitioner on 03.01.2020. For Petitioner : Mr.H.Velavadhas 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
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 accept her candidature for the post of President in G.Kallupatti Village, Periyakulam Panchayat Union, Theni District by re-counting the votes of G.Kallupatti Village, Periyakulam Panchayat Union, Theni https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.264 of 2020 District, based on her representation dated on 03.01.2020.
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 (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The District Collector, Office of the District Collector, Theni District,Theni.
2.The Election Officer, Block Development Officer, Periyakulam Panchayat Union, Theni District.
3. The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Koyambedu, Chennai-600 106 +1 CC to M/s.SPL.GP ( SR-975[F] dated 09/01/2020 ) +1 CC to M/s.H.VELAVASHAS, Advocate ( SR-707[F] dated 08/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-935[F] dated 08/01/2020 W.P.(MD) No.264 of 2020 and W.M.P.(MD) No.181 of 2020 07.01.2020 SMA/21/01/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2