Madras High CourtWP(MD)/332/2020disposed of

T.Latha v. The Tamilnadu State Election Commissioner

2020-01-08Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

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 and W.M.P.(MD) Nos.248 & 249 of 2020 T.Latha ... Petitioner -vs1.The Tamilnadu State Election Commissioner Jawaharlal Nehru Road Koyambedu Chennai-600 106 2.The District Collector District Collectorate Theni District Theni-625 531 3.The Election Officer / Block Development Officer Bodinayakkanur Panchayat Union Bodinayakkanur Theni-DT, PIN-627 803 4.B.Santha ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring that the Form-25 Certificate dated 02.01.2020 issued by the 3rd respondent declaring the 4th respondent as elected as Village Panchayat President of Kodangipatti Village Panchayat, Bodinayakannur Panchayat Union, Theni District, in the election conducted on 30.12.

2019 is null and void and unconstitutional and against the Tamilnadu Panchayat Act and Tamilnadu Panchayat Election Rules and consequently directing the 1st 2nd and 3rd respondent to recount the votes for the post of Village Panchayat President of Kodangipatti Village Panchayat, Bodinayakannur Panchayat Union, Theni District and the same to be videographed.

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For Petitioner : Mr.C.Masilamani 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 declaration to declare the Form-25 Certificate, dated 02.01.2020, issued by the third respondent declaring the fourth respondent as the elected Village Panchayat President of Kodangipatti Village Panchayat, Bodinayakannur Panchayat Union, Theni District, in the election conducted on 30.12.2019 as null and void and unconstitutional and consequently, to direct the respondents 1 to 3 to recount the votes for the said post.

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 disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Tamilnadu State Election Commissioner Jawaharlal Nehru Road Koyambedu Chennai-600 106 2/3

2.The District Collector District Collectorate Theni District Theni-625 531 3.The Election Officer / Block Development Officer Bodinayakkanur Panchayat Union Bodinayakkanur Theni-DT, PIN-627 803 +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate(SR-928[F] dated 08/01/2020 ) +1 CC to M/s.C.MASILAMANI, Advocate ( SR-1112[F] dated 09/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1214[F] dated 09/01/2020 ) and W.M.P.(MD) Nos.248 & 249 of 2020 08.01.2020 MR(CO) TR(22.01.2020) 3P 7C 3/3