Madras High CourtWP(MD)/386/2020dismissed

M.Lakshmi v. The Tamil Nadu State Election Commissioner

2020-01-08Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

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 and W.M.P(MD)No.298 of 2020 M.Lakshmi ... Petitioner Vs.

1.The Tamilnadu State Election Commissioner, Jawaharlal Nehru Road, Koyambedu, Chennai-600 106.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Returning Officer/ Block Development Officer, Nainarkovil Panchayat Union, Ramanathapuram District.

4. Rajendran, Returning Officer/ Block Development Officer, Nainarkovil Panchayat Union, Ramanathapuram District.

5.Saraswathi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration to declare that the entire counting process for the post of President of Pagaivendri Village, Paramakudi Taluk, Ramanathapuram District conducted by the third respondent on 02.01.2020 is null and void and unconstitutional and violative of the Tamil Nadu Panchayat Act and Tamil Nadu Panchayat Election Rules.

For Petitioner : Mr.R.Subramanian 1/3

For Respondents : Mr.Raja Karthikeyan for R.1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.2 & R.3

ORDER

[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 that the entire counting process for the post of President of Pagaivendri Village, Paramakudi Taluk, Ramanathapuram District conducted by the third respondent on 02.01.2020 is null and void and unconstitutional.

2. The petitioner has filed the above writ petition directly without exhausting the alternative remedy available to her under Section 258 of the Tamil Nadu Panchayats Act, 1994. The issues involved in the writ petition are matter for evidence and the same cannot be decided in the writ petition.

3. In such view of the matter, we are not inclined to entertain the writ petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The Tamilnadu State Election Commissioner, Jawaharlal Nehru Road, Koyambedu, Chennai-600 106.

2/3

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Returning Officer/ Block Development Officer, Nainarkovil Panchayat Union, Ramanathapuram District.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-964[F] dated 09/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1218[F] dated 09/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-1566[F] dated 10/01/2020 ) and W.M.P(MD)No.298 of 2020 08.01.2020 NS(CO) TR(13.01.2020)3P 7C 3/3