Velammal v. The Secretary

W.P.(MD) No.375 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.375 of 2020 and W.M.P.(MD) No.287 of 2020 Velammal ... Petitioner -vs1.The Secretary State Election Commission of Tamilnadu Government Koyambedu, Chennai 2.The District Election Officer / District Collector Thanjavur 3.The Returning Officer O/o.Boothalur Panchayat Union Boothalur Post and Taluk Thanjavur District 4.Latha ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus thereby declare that the petitioner as elected for Ward No.16 of Boothalur Panchayat Union, Thanjavur District.

For Petitioner : Mr.P.Ganapathi Subramanian 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 declaring that the petitioner has been elected for Ward No.16 of Boothalur Panchayat Union, Thanjavur District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.375 of 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(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Secretary, State Election Commission of Tamilnadu Government, Koyambedu, Chennai 2.The District Election Officer / District Collector Thanjavur 3.The Returning Officer O/o.Boothalur Panchayat Union Boothalur Post and Taluk Thanjavur District.

+1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-923[F] ) +1 CC to M/s.SPL.GP ( SR-1205[F] ) W.P.(MD) No.375 of 2020 and W.M.P.(MD) No.287 of 2020 08.01.2020 AVS(CO) TR(22.01.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2