K. Thangaraj v. The Tamil Nadu State Election Commissioner
W.P.(MD) No.350 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.350 of 2020 and W.M.P.(MD) No.270 of 2020 K.Thangaraj ... Petitioner -vs1.The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Arumpakkam, Chennai-600 106 2.The District Election Officer / The District Collector Madurai District, Madurai-625 020 3.The Election Officer / Block Development Officer T.Kallupatti Panchayat Union Kallupatti, Madurai District 4.B.Palpandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring the entire process of counting of votes in the election conducted and the Form 25 certificate dated 02.01.2020 issued by the 3rd respondent declaring the 4th respondent is elected as the President of Nallamaram Village Panchayat, T.
Kallupatti Panchayat Union, Madurai District is null and void and unconstitutional and against the Tamil Nadu Panchayat Act and Tamil Nadu Panchayat Election Rules and directing the respondents 1 to 3 to conduct fresh recounting of votes poll in the election to the post of President of Nallamaram Village Panchayat, T.Kallupatti Panchayat Union, Madurai District. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.Raja Karthikeyan for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.
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 entire process of counting of votes in the election conducted and the Form-25 certificate, dated https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.350 of 2020 02.01.2020, issued by the third respondent declaring the fourth respondent as the President of Nallamaram Village Panchayat, T.Kallupatti Panchayat Union, Madurai District, as null and void and unconstitutional and to direct the respondents 1 to 3 to conduct fresh recounting of votes polled in the election 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 dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The Tamil Nadu State Election Commissioner Jawaharlal Nehru Road Arumpakkam, Chennai-600 106 2.The District Election Officer / The District Collector, Madurai District,Madurai-625 020.
3.The Election Officer / Block Development Officer, T.Kallupatti Panchayat Union, Kallupatti, Madurai District.
+1 CC to M/s.K.K.KANNAN, Advocate ( SR-1016[F] dated 09/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1221[F] dated 09/01/2020 ) W.P.(MD) No.350 of 2020 and W.M.P.(MD) No.270 of 2020 SMA/22/1/2020/2P/6C 08.01.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2