G. Ganesan v. The State Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.1121 of 2020 G.Ganesan ... Petitioner -vs1.The State Election Commissioner Koyambedu Chennai-600 107 2.The State Election Officer / Director Rural Development and Panchayat Raj Department Saidapet, Chennai-600 015 3.The District Election Officer District Election Office Pudukottai 4.The Returning Officer Village Panchayat President and Member Election Avudaiyarkovil and Block Development Officer (B.PT) Avudaiyarkovil, Pudukottai District 5.Mohammed Iqbal 6.A.Kalidas ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus declaring the election conducted on 30.12.2019 for the post of President of Ponnamangalam Village Panchayat, Avaudaiyarkoil Panchayat Union, Avudaiyurkoil Taluk, Pudukottai District as invalid and to direct the respondents 1 to 4 to conduct re-election to the post of President of Ponnamangalam 1/3
Village Panchayat, Avaudaiyarkoil Panchayat Union, Avaudaiyarkoil Taluk, Pudukottai District.
For Petitioner : Mr.B.Janakiram 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 to R4
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 declaring the election conducted, on 30.12.2019, for the post of President of Ponnamangalam Village Panchayat, Avaudaiyarkoil Panchayat Union, Avudaiyurkoil Taluk, Pudukottai District, as invalid and to direct the respondents 1 to 4 to conduct re-election to the post of President of Ponnamangalam Village Panchayat, Avaudaiyarkoil Panchayat Union, Avaudaiyarkoil Taluk, Pudukottai District.
2. Though the petitioner has got an alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994 challenging the election for the post of President of Village Panchayat held on 30.12.2019, he has filed the above writ petition under Article 226 of the Constitution of India.
3. The learned counsel appearing for the petitioner submitted that the Returning Officer re-counted the votes, without any application filed by any of the contesting parties.
4. However, Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents 2 to 4, submitted that the fifth respondent had submitted application for re-counting to votes and only based on the said application, the votes had been re-counted by the Returning Officer.
5. Since the petitioner has got an alternative remedy by way of election petition as stated above, we are not inclined to entertain the writ petition. The petitioner can raise all the issues available to him in the election petition, under Section 258 of the Tamil Nadu Panchayats Act, 1994. It is open to the petitioner to file election petition challenging the election for the post of President of Ponnamangalam Village Panchayat, held on 30.12.2019.
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6. With these observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The State Election Commissioner Koyambedu Chennai-600 107 2.The State Election Officer / Director, Rural Development and Panchayat Raj Department, Saidapet, Chennai-600 015.
3.The District Election Officer, District Election Office, Pudukottai.
4.The Returning Officer, Village Panchayat President and Member Election, Avudaiyarkovil and Block Development Officer (B.PT), Avudaiyarkovil, Pudukottai District.
+3cc to Mr.B.Janakiram,Advocate, SR.No.2919 and W.M.P.(MD) No.1121 of 2020 24.01.2020 JMN(24.01.2020) 3P : 8C 3/3