P. Mariammal v. The State Election Commissioner
W.P.(MD) No.625 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.625 of 2020 and W.M.P.(MD) No.459 of 2020 P.Mariammal ... Petitioner -vs1.The State Election Commissioner State Election Commissioner Office Jawaharlal Nehru Road Jail Nagar, Koyambedu Chennai-600 106 2.The District Election Officer / District Collector Collectorate Complex Virudhunagar Virudhunagar District 3.The Election Officer / Block Development Officer Sattur Taluk Virudhunagar District 4.Suriya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration to declare the result of the election of the returned candidate the 4th respondent herein as President of Nathathupatti Village Panchayat, Sattur Union, Virudhunagar District, as null and void and unconstitutional and against the Tamil Nadu Panchayt Act and Tamil Nadu Panchayat Election Rules and consequently direct the respondents 1 to 3 to recount the votes pertaining to the post of President of Nathathupatti Village Panchayat, Sattur Union, Virudhunagar District.
For Petitioner : Mr.K.Sivabalan 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.625 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 result of the election of the returned candidate, the fourth respondent herein as President of Nathathupatti Village Panchayat, Sattur Union, Virudhunagar District, as null and void and unconstitutional and consequently, to direct the respondents 1 to 3 to recount the votes pertaining to the post of President of Nathathupatti Village Panchayat, Sattur Union, Virudhunagar 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 dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The District Election Officer / District Collector, Collectorate Complex, Virudhunagar,Virudhunagar District.
2.The Election Officer / Block Development Officer, Sattur Taluk,Virudhunagar District.
+1 CC to M/s.K.SIVABALAN, Advocate ( SR-1785[F] dated 13/01/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-1858[F] +1 CC to M/s.SPL.GP ( SR-1949[F] dated 20/01/2020 ) W.P.(MD) No.625 of 2020 and W.M.P.(MD) No.459 of 2020 10.01.2020 SMA/28/1/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2