Kalaiselvan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) Nos.285 & 286 of 2020 Kalaiselvan ... Petitioner -vs1.The State of Tamil Nadu Rep.by the Election Commissioner Jawaharlal Nehru Road Jai Nagar, Koyambedu Chennai-600 106 2.The District Election Officer cum District Collector Pudukottai 3.The Block Development Officer cum Returning Officer Arimalam Panchayat Union Thirumayam Taluk 4.S.Thilagar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to recount the votes for the post of Union Counselor of Arimalam Union IInd Ward, Pudukottai District, based on the representation dated 06.01.2020 of the petitioner.
For Petitioner : Mr.P.Balasubramanian 1/3
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 to recount the votes polled for the post of Union Counselor of Arimalam Union Ward-II, Pudukottai District, based on his representation dated 06.01.2020.
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 petitions are closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The Election Commissioner Jawaharlal Nehru Road Jai Nagar, Koyambedu Chennai-600 106 2.The District Election Officer cum District Collector Pudukottai 2/3
3.The Block Development Officer cum Returning Officer Arimalam Panchayat Union Thirumayam Taluk +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-924[F] dated 08/01/2020 +1 CC to M/s.SPL.GP ( SR-1213[F] dated 09/01/2020 ) and W.M.P.(MD) Nos.285 & 286 of 2020 08.01.2020 JMN(22.01.2020) 3P : 6C 3/3