K.Jeya v. The State Chief Election Officer

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 K.Jeya ... Petitioner Vs.

1.The State Chief Election Officer, State Election Commission, Government of Tamil Nadu, Jawaharlal Nehru Road, Jai Nagar, Koyembedu, Chennai.

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

3.The Election Officer/ Block Development Officer, Manamadurai Panchayat Union, Sivagangai District.

4.Pandiammal ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to recount the votes polled on 30.12.2019 for the post of Councillor of Ward No.13 of Manamadurai Panchayat Union, Sivagangai District and declare the results by considering the petitioner's representation dated 02.01.2020. For Petitioner : Mr.J.Lawrance 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 mandamus directing the respondents 1 to 3 to recount the votes polled on 30.12.2019 for the post of Councillor of Ward No.13 of Manamadurai Panchayat Union, Sivagangai District and declare the results by considering the petitioner's representation dated 02.01.2020.

2. So far as the relief sought for in the writ petition is concerned, the petitioner has got alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. Without exhausting the same, the petitioner filed the writ petition seeking for the said relief, which cannot be entertained by this Court.

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. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The State Chief Election Officer, State Election Commission, Government of Tamil Nadu, Jawaharlal Nehru Road, Jai Nagar, Koyembedu, Chennai.

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

3.The Election Officer/ Block Development Officer, Manamadurai Panchayat Union, Sivagangai District.

+1 CC to M/s.J.LAWRENCE, Advocate ( SR-2512[F] dated 23/01/2020 ) +1 CC to M/s.SPL.GP ( SR-2561[F] dated 23/01/2020 ) 21.01.2020 KK/SAR/31.01.2020/3P-6C/ 3/3