Vellaiyammal v. The State Election Commissioner

W.P.(MD) No.349 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.349 of 2020 and W.M.P.(MD) No.269 of 2020 Vellaiyammal ... Petitioner -vs1.The State Election Commissioner O/o.The State Election Commission Inner Ring Road Jai Nagar Koyambedu Chennai 106 2.The District Election Officer / District Collector Pudukkottai District Pudukottai 3.The Assistant Election Officer / Block Development Officer Annavasal Panchayat Union Office Pudukkottai District 4.Sumathi ... 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 for the election held on 27.12.2019 in the constituency of Kothirapatti Panchayat, Annavasal Union Office, Pudukkottai District, for the post of Panchayat Board President. For Petitioner : Mr.R.Sivalingam 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 recount the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.349 of 2020 votes for the election held on 27.12.2019 in the constituency of Kothirapatti Panchayat, Annavasal Union Office, Pudukkottai District, for the post of Panchayat Board President.

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) krk To:

1.The District Election Officer / District Collector, Pudukkottai District, Pudukottai.

2.The Assistant Election Officer / Block Development Officer, Annavasal Panchayat Union Office, Pudukkottai District.

+1 CC to MR.R.SIVALINGAM, Advocate ( SR-1031[F] dated 09/01/2020 ) +1 CC to SPL.GP ( SR-1217[F] dated 09/01/2020 ) W.P.(MD) No.349 of 2020 and W.M.P.(MD) No.269 of 2020 08.01.2020 KM/(21.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2