Madras High CourtWP(MD)/391/2020disposed of

M.Vasanthi v. The State Election Commissioner

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

W.P.(MD) No.391 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.391 of 2020 and W.M.P.(MD) Nos.308, 309, 311 & 312 of 2020 M.Vasanthi ... Petitioner -vs1.The State Election Commissioner No.208/2, Jawaharlal Nehru Salai Arumbakkam Chennai-600 106 2.The District Electoral Officer / The District Collector Madurai District 3.The Returning Officer / Assistant Director (Panchayat) Kottampatti Union Madurai District 4.Rajapriya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring the 4th respondent as elected as Councilor of Ward No.4, Manappacheri Panchayat, Kottampatti Union, Madurai District, as null and void, as such against the Tamil Nadu Panchayats (Election) Rules, 1995, consequently direct the 2nd and 3rd respondents to declare the petitioner / M.Vasanthi, w/o.Murugesan elected as Councilor of Ward No.4 Kottampatti Union, Madurai District.

For Petitioner : Mr.K.Anbarasan 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.391 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 selection of the fourth respondent as Councilor of Ward No.4, Manappacheri Panchayat, Kottampatti Union, Madurai District, as null and void and consequently, to direct the respondents 2 and 3 to declare that she is elected as Councilor of Ward No.4 Kottampatti Union, Madurai District.

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 (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The State Election Commissioner No.208/2, Jawaharlal Nehru Salai Arumbakkam, Chennai-600 106 2.The District Electoral Officer / The District Collector, Madurai District 3.The Returning Officer / Assistant Director (Panchayat) Kottampatti Union, Madurai District.

W.P.(MD) No.391 of 2020 and W.M.P.(MD) Nos.308, 309, 311 & 312 of 2020 08.01.2020 JMN(22.01.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2