N. Meeralebbai v. The Election Commissioner

W.P.(MD) No.592 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.592 of 2020 N.Meeralebbai ... Petitioner -vs1.The Election Commissioner Tamilnadu State Election Commission Chennai 2.The District Collector Sivagangai Sivagangai District 3.The Returning Officer (cum) BDO. pt.

A.Velangudi Panchayat Thiruppathur Taluk Sivagangai District 4.D.Andhonisamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1 to 3 respondents to conduct the Re-election for the post of A.Velangudi Panchayat President, Tiruppathur Taluk, Sivagangai District, based on the petitioner's representation dated 02.01.2020. For Petitioner : Mr.T.Kumar For Respondents : Mr.Raja Karthikeyan Standing Counsel 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 1 to 3 to conduct the rehttps://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.592 of 2020 election for the post of A.Velangudi Panchayat President, Tiruppathur Taluk, Sivagangai District, based on his representation dated 02.01.2020.

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

1.The District Collector, Sivagangai, Sivagangai District.

2.The Returning Officer (cum) BDO. pt., A.Velangudi Panchayat, Thiruppathur Taluk, Sivagangai District.

+1 CC to Mr.T.KUMAR, Advocate ( SR-1402[F] dated 10/01/2020 ) +1 CC to Mr.RAJA.KARTHIKEYAN, Advocate (SR-1854[F] dated 13/01/2020 ) +1 CC to SPL.GP ( SR-1952[F] dated 20/01/2020 ) W.P.(MD) No.592 of 2020 10.01.2020 MK (27.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2