Madras High CourtWP(MD)/348/2020dismissed

Mohanarani v. The Chief Election Commissioner

2020-01-08Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P.(MD) No.348 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.348 of 2020 Mohanarani ... Petitioner -vs1.The Chief Election Commissioner Jawaharlal Nehru Road Koyambedu, Chennai 2.District Collector Cum The District Election Officer Collectorate Dindigul 3.The Assistant Election Officer Kookkal Village Kodaikanal Dindigul District 4.The Block Development Officer Kodaikanal Dindigul District 5.Valarmathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration to declare the election conducted on 30.12.2019 for Panchayat President in Kookkal Village, Kodaikanal, Dindigul District is not valid and direct the respondents 1 to 3 to hold re-election in Kookkal Village, Kodaikanal, Dindigul District.

For Petitioner : Mr.N.Mohan For Respondents : Mr.Raja Karthikeyan for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 to R4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.348 of 2020

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 election conducted on 30.12.2019 for the post of Panchayat President, in Kookkal Village, Kodaikanal Taluk, Dindigul District, as invalid and to direct the respondents 1 to 3 to conduct re-election in the said Village.

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. Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Chief Election Commissioner Jawaharlal Nehru Road Koyambedu, Chennai 2.The District Collector-cum- The District Election Officer, Collectorate, Dindigul.

3.The Assistant Election Officer, Kookkal Village, Kodaikanal, Dindigul District.

4.The Block Development Officer, Kodaikanal, Dindigul District.

+1 CC to SPL.GP ( SR-1212[F] dated 09/01/2020 ) W.P.(MD) No.348 of 2020 08.01.2020 VB(22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2