R. Murali Manohar v. The Tamil Nadu State Election Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P(MD)No.381 of 2020 R.Murali Manohar ... Petitioner Vs.

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

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The Returning Officer/ Block Development Officer, Thiruchendur Panchayat Union, Thoothukudi District.

4.Santhosh, The Returning Officer/ Block Development Officer, Thiruchendur Panchayat Union, Thoothukudi District.

5.Rajeswaran ... 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 Kayamozhi Village, Thiruchendur Panchayat Union, Thoothukudi District, conducted by the third respondent on 02.01.2020 is null and void and unconstitutional and violative of the Tamil Nadu Panchayats Act and Tamil Nadu Panchayat Election Rules. For Petitioner : Mr.R.Subramanian 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 1/3

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 Kayamozhi Village, Thiruchendur Panchayat Union, Thoothukudi District, conducted by the third respondent on 02.01.2020 is null and void and unconstitutional and violative of the Tamil Nadu Panchayats Act and Tamil Nadu Panchayat Election Rules.

2. The petitioner has filed the writ petition without exhausting alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. When the petitioner has got alternative remedy, he should exhaust the same. Further the issue involved in the present writ petition is a matter for evidence and therefore, the proper Forum to grant relief to the petitioner is only the District under Section 258 of the Tamil Nadu Panchayats Act, 1994.

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 (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The Tamil Nadu State Election Commissioner, Jawaharlal Nehru Road, Koyambedu, Chennai - 600 106.

2.The District Collector, Thoothukudi District, Thoothukudi.

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3.The Returning Officer/ Block Development Officer, Thiruchendur Panchayat Union, Thoothukudi District.

+1 CC to MR.R.SUBRAMANIAN, Advocate ( SR-2266[F] dated 22/01/2020 ) +1 CC to SPL.GP ( SR-2327[F] dated 22/01/2020 ) and W.M.P(MD)No.381 of 2020 21.01.2020 KM/(30.01.2020) 3P 6C 3/3