S. Jeyalakshmi v. The Election Commissioner

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 and W.M.P(MD)No.528 of 2020 S.Jeyalakshmi ... Petitioner Vs.

1.The Election Commissioner, Tamil Nadu Election Commission, Inner Ring Road, Jai Nagar, Koyambadu, Chennai - 106.

2.The District Collector / District Election Officer, Madurai District, Madurai.

3.The Block Development Officer and Election Officer, Block Development Office, Sedapatti Union, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to recount all the ballot papers properly for the post of President, Kudiseri Village Panchayat, Sedapatti Union, Madurai District which held in the Tamil Nadu Local Body Election 2019 - 2020 and further direct the respondents to video-graph the entire counting process and declare results by considering the petitioner's representation dated 06.01.2020.

For Petitioner : Mr.S.M.Anantha Murugan For R - 1 : Mr.Raja Karthikeyan For RR 2 & 3 : Mr.K.Chellapandian, Additional Advocate General.

Assisted by Mr.VR.Shanmuganathan, Special Government Pleader.

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ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents to re-count all the ballot papers properly for the post of President, Kudiseri Village Panchayat, Sedapatti Union, Madurai District which held in the Tamil Nadu Local Body Election 2019 - 2020 and further direct the respondents to video-graph the entire counting process and declare results by considering the petitioner's representation dated 06.01.2020.

2.The petitioner has filed the above Writ Petition under Article 226 of the Constitution of India without exhausting the alternate remedy available to her under Section 258 of the Tamil Nadu Panchayats Act, 1994. That apart, the issues involved in the present Writ Petition are the matter of evidence, which cannot be decided in the Writ Petition under Article 226 of the Constitution of India. Further, the petitioner has got alternate remedy by way of an Election Petition.

3.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The Election Commissioner, Tamil Nadu Election Commission, Inner Ring Road, Jai Nagar, Koyambadu, Chennai - 106.

2.The District Collector / District Election Officer, Madurai District, Madurai.

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3.The Block Development Officer and Election Officer, Block Development Office, Sedapatti Union, Madurai District.

+1 CC to M/s.S.M.ANANDAMURUGAN, Advocate ( SR-1505[F] dated 10/01/2020 ) +1 CC to M/s.SPL.GP ( SR-1968[F] dated 20/01/2020 ) 10.01.2020 KK/SAR/28.01.2020/3P-6C/ 3/3